Page:Jegley v. Picado, 349 Ark. 600 (2002).pdf/5

---

---

1. CONSTITUTIONAL LAW—RIGHT TO PRIVACY—ARKANSAS SUPREME COURT HAS RECOGNIZED PROTECTION OF INDIVIDUAL RIGHTS GREATER THAN FEDERAL FLOOR.—The supreme court has recognized protection of individual rights greater than the federal floor in a number of cases.
2. TORTS—INVASION OF PRIVACY—FOUR ACTIONABLE FORMS.—In the area of civil law, the supreme court has been in the forefront in recognizing the existence of four actionable forms of the tort of invasion of privacy: (1) appropriation; (2) intrusion; (3) public disclosure of private facts; and (4) false light in the public eye.
3. CONSTITUTIONAL LAW—RIGHT TO PRIVACY—IMPLICIT IN ARKANSAS CONSTITUTION.—Considering the Arkansas Constitution together with the statutes, rules, and case law, it is clear that Arkansas has a rich and compelling tradition of protecting individual privacy and that a fundamental right to privacy is implicit in the Arkansas Constitution; moreover, the supreme court has recognized due process as a living principle.
4. CONSTITUTIONAL LAW—RIGHT TO PRIVACY—PROTECTS ALL PRIVATE, CONSENSUAL, NONCOMMERCIAL ACTS OF SEXUAL INTIMACY BETWEEN ADULTS.—The supreme court held that the fundamental right to privacy implicit in Arkansas law protects all private, consensual, noncommercial acts of sexual intimacy between adults.
5. CONSTITUTIONAL LAW—RIGHT TO PRIVACY—INFRINGED UPON BY ARK. CODE ANN. § 5-14-122.—Because Ark. Code Ann. § 5-14-122 burdens certain sexual conduct between members of the same sex, we find that it infringes upon the fundamental right to privacy guaranteed to the citizens of Arkansas.
6. CONSTITUTIONAL LAW—STATUTORY INFRINGEMENT UPON FUNDAMENTAL RIGHT—COMPELLING STATE INTEREST REQUIRED.—When a statute infringes upon a fundamental right, it cannot survive unless a compelling state interest is advanced by the statute and the statute is the least restrictive method available to carry out the state interest.
7. CONSTITUTIONAL LAW—NO COMPELLING STATE INTEREST OFFERED TO JUSTIFY SODOMY STATUTE—ARK. CODE ANN. § 5-14-122 DECLARED UNCONSTITUTIONAL AS APPLIED TO PRIVATE, CONSENSUAL, NONCOMMERCIAL, SAME-SEX SODOMY.—Where, according to the circuit court's order in the case, appellant conceded that the State could offer no compelling state interest sufficient to justify the sodomy statute, the supreme court declared unconstitutional Arkansas's sodomy statute at Ark. Code Ann. § 5--