State of Louisiana v. Mitchell Smith: Concurring
SUPREME COURT OF LOUISIANA
No. 99-KA-0606
STATE OF LOUISIANA
Versus
MITCHELL SMITH ET AL.
c/w
No. 99-KA-2015
STATE OF LOUISIANA
Versus
LISA M. GARRETT
c/w
No. 99-KA-2019
STATE OF LOUISIANA
Versus
MELANIE VARNADO
c/w
No. 99-KA-2094
STATE OF LOUISIANA
Versus
KELLY A. BARON
ON WRIT OF CERTIORARI TO THE COURT OF APPEAL,
FOURTH CIRCUIT, PARISH OF ORLEANS
JOHNSON, Justice, concurring.
I agree with the result reached by the majority but for different reasons. We granted writ
of certiorari to determine whether Article I, Section V of the Louisiana Constitution
prohibits non-commercial sexual acts performed by consenting adults in private. In my
view, none of the cases presented herein advances a right to privacy challenge to LSA-R.S.
14:89(A)(1) and LSA-R.S. 14:89(A)(2) because none of the defendants were prosecuted for
private, non-commercial sexual acts between consenting adults.
In my view, defendant, Smith was convicted of committing a nonconsensual act against a
female victim. The other defendants were charged with soliciting sex for compensation, a
commercial sexual act. I believe that we have yet to be squarely presented with the issue
of whether our state constitution protects all private, non-commercial sexual conduct
between consenting adults.
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