The AIDS Epidemic and Gay Bathhouses: A Constitutional Analysis
Rabin, Judith A.
Journal of Health Politics, Policy and Law. 1986 Winter; 10(4): 729-747.
In some American cities, health officials have proposed closing gay bathhouses in an attempt to slow the spread of acquired immunodeficiency syndrome (AIDS) by discouraging promiscuous sexual activity among male homosexuals. Rabin examines the constitutional implications of these closings. The rights of homosexuals as citizens to privacy, free association, and equal protection as members of a suspect class are weighed against the state's interest in protecting the public's health. While Rabin questions the necessity of closing bathhouses to slow the spread of AIDS, she concludes that courts are likely to rule that public health needs must prevail over the associational rights of homosexuals. (KIE abstract)
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