Page:Jegley v. Picado, 349 Ark. 600 (2002).pdf/4

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Constitution, does not contain an explicit guarantee of the right to privacy; the Supreme Court has recognized a penumbra of rights emanating from the First Amendment and protecting privacy from governmental intrusion; the Court has also held that there is a right to privacy founded in both the Fourteenth Amendment's concept of personal liberty and in the penumbras of the Bill of Rights; the United States Supreme Court has held that the United States Constitution provides no fundamental right to engage in homosexual sodomy.

1. CONSTITUTIONAL LAW—ARKANSAS CONSTITUTION—RIGHTS ENUMERATED MUST NOT BE CONSTRUED SO AS TO DENY OR DISPARAGE OTHER RIGHTS.—Although no right to privacy is specifically enumerated in the Arkansas Constitution, the rights enumerated in the constitution must not be construed in such a way as to deny or disparage other rights retained by the people [Ark. Const. art. 2, § 29].
2. CONSTITUTIONAL LAW—ARKANSAS CONSTITUTION—INHERENT & INALIENABLE RIGHTS.—Article 2, Section 2, of the Arkansas Constitution guarantees the citizens of the state certain inherent and inalienable rights, including the enjoyment of life and liberty and the pursuit of happiness; Sections 8 and 21 of Article 2 also ensure that no Arkansan will be deprived of life, liberty, or property without due process of law.
3. CONSTITUTIONAL LAW—ARKANSAS CONSTITUTION—RIGHT OF PERSONS TO BE SECURE IN PRIVACY OF THEIR OWN HOMES.—The Arkansas Constitution recognizes the right of persons to be secure in the privacy of their own homes; the supreme court has recognized a constitutional right of individuals to be free from unreasonable intrusions into their homes.
4. CONSTITUTIONAL LAW—ARKANSAS CONSTITUTION—RIGHTS GUARANTEED TO ALL CITIZENS EQUALLY.—The rights granted by the Arkansas Constitution are guaranteed to all citizens equally [Ark. Const. art. 2, § 3].
5. CONSTITUTIONAL LAW—RIGHT TO PRIVACY—FREQUENT STATUTORY REFERENCE INDICATES PUBLIC POLICY OF GENERAL ASSEMBLY.—Privacy is mentioned in more than eighty statutes enacted by the Arkansas General Assembly; this frequent reference to the right to privacy indicates a public policy of the General Assembly supporting a right to privacy.
6. CONSTITUTIONAL LAW—RIGHT TO PRIVACY—RECOGNIZED IN ARKANSAS RULES OF CRIMINAL PROCEDURE.—A right to privacy is recognized in the Arkansas Rules of Criminal Procedure.