Question 1

What constitutes "vice" varies significantly across:

Accepted Answer

The concept of "vice" varies significantly over time and across different cultures, reflecting changes in societal norms, values, and legal frameworks.

Question 2

Because of the shift in emphasis from morality to harm, a key term in the author's definition of a vice crime is ______________, meaning that the parties in the activity have freely agreed to take part in it because they find it pleasurable or rewarding in one way or another.

Accepted Answer

The correct term is "consensual," as it specifically refers to activities where all parties involved have freely agreed to participate, indicating their consent. This aligns with the shift from morality to harm, focusing on the voluntary nature of the participation rather than the moral judgment of the activity itself.

Question 3

The harm principle was best enunciated by which British philosopher?

Accepted Answer

John Stuart Mill is best known for articulating the harm principle in his work "On Liberty," where he argues for the importance of individual freedom as long as it does not harm others.

Question 4

According to the text, rather than being viewed as victimless, vice crimes are better conceived of as consensual ______________ acts that always have the potential for causing harm to people other than those actually engaging in them.

Accepted Answer

Vice crimes are considered "mala prohibita," which means they are wrong because they are prohibited by law, not because they are inherently evil. These acts are consensual but are regulated due to their potential harm to society beyond the individuals directly involved.

Question 5

In the early part of the twentieth century, several cities instituted special "morals courts" to deal with:

Accepted Answer

Morals courts were established in the early twentieth century to address issues related to sexual behavior, including fornication and adultery, reflecting societal efforts to regulate personal conduct.

Question 6

During which decade did most states expand the definition of sodomy to include fellatio?

Accepted Answer

The answer of During which decade did most states expand...

Question 7

What was never considered a crime in English common law because lawmakers could not envision them doing such a thing?

Accepted Answer

Cunnilingus between two women was never considered a crime in English common law because lawmakers could not envision women engaging in such acts, reflecting the period's limited understanding and acknowledgment of female sexuality and same-sex relationships.

Question 8

Which early writer considered sodomy to "cover any genital contact intended to produce orgasm except penile-vaginal intercourse in an approved position" and/or sexual activity that "could not result in procreation regardless of the gender involved"?

Accepted Answer

St. Thomas Aquinas's views on sexual acts, as outlined in his theological works, particularly the Summa Theologica, reflect this broad definition of sodomy. He considered any sexual act that deviated from the procreative purpose of sex, as understood within the Christian theological framework of his time, to be unnatural and sinful. This included not just homosexual acts but also any form of non-procreative sexual activity.

Question 9

The term homosexual was not coined until which year?

Accepted Answer

The term "homosexual" was first coined in 1869 by the Hungarian physician Karoly Maria Benkert.

Question 10

By the 1940s ______________ was discussed as an aspect of psychopathic, paranoid, and schizoid disorders.

Accepted Answer

By the 1940s, homosexuality was discussed in the context of various mental disorders, reflecting the medical and psychological communities' views at the time.

Question 11

After 1973, the APA then considered homosexuality to be a:

Accepted Answer

After 1973, the American Psychiatric Association (APA) no longer considered homosexuality a disease, but rather a variant of human sexuality. This was a significant change from their previous classification of it as a mental disorder.

Question 12

In which case did the U.S. Supreme Court uphold Georgia's anti-sodomy law?

Accepted Answer

Bowers v. Hardwick (1986) is the case in which the U.S. Supreme Court upheld Georgia's anti-sodomy law, ruling that the Constitution did not protect the right of adults to engage in private, consensual homosexual acts.

Question 13

Which U.S. Supreme Court case invalidated all remaining sodomy statutes throughout the United States?

Accepted Answer

Lawrence v. Texas (2003) is the landmark Supreme Court case that invalidated sodomy laws in the United States, ruling that such laws are unconstitutional as they violate the privacy and liberty of consenting adults to engage in private sexual conduct.

Question 14

People who were once classified as having a disease are now a(n) ______________ category in the aftermath of recent U.S. Supreme Court landmark rulings in United States v. Windsor (2013) and Obergefell v. Hodges (2015).

Accepted Answer

The term "quasi-protected" best fits the context of changes following United States v. Windsor (2013) and Obergefell v. Hodges (2015), as these rulings advanced the legal status and protections of LGBTQ+ individuals without creating an absolute protection class akin to race or religion. Instead, they provided a form of protection that recognizes the unique status of LGBTQ+ individuals under the law, hence "quasi-protected."

Question 15

The first U.S. Supreme Court decision interpreting the scope of the free exercise clause was in:

Accepted Answer

Reynolds v. United States (1878) was the first U.S. Supreme Court case to interpret the scope of the Free Exercise Clause of the First Amendment. It upheld a federal law that criminalized bigamy, rejecting the argument that the law infringed upon religious freedom.

Question 16

What is or is not "compelling" is defined from case to case using the ______________ standard of review.

Accepted Answer

The "compelling" standard of review is associated with strict scrutiny, which is the highest standard of judicial review used by courts to evaluate the constitutionality of laws, especially those that infringe upon fundamental rights or involve suspect classifications.

Question 17

In which case did the New Mexico Human Rights Commission's find that a business woman was guilty of discrimination and in violation of the state's public accommodation law when she refused service to a same-sex couple based on religious grounds?

Accepted Answer

Elane Photography v. Willock is the case where the New Mexico Human Rights Commission found that a photographer who refused to photograph a same-sex commitment ceremony violated New Mexico's public accommodation law, which prohibits discrimination based on sexual orientation.

Question 18

Which of the following is a religious exception allowed by the government over the history of the United States?

Accepted Answer

All of the options listed are examples of religious exceptions that have been recognized in various contexts within the United States. Conscientious objectors have been excused from military duty on religious grounds, religious organizations like the Catholic Church have the right to make decisions based on their religious beliefs such as not ordaining women as priests, and there have been accommodations for Muslims and others in employment contexts where their religious beliefs conflict with job requirements, such as transporting alcohol.

Question 19

In which case did the U.S. Supreme Court rule that the company involved in the case does not have to provide contraceptive methods to its employees that violate the Christian beliefs of the company's owners?

Accepted Answer

In Burwell v. Hobby Lobby Stores, Inc., the U.S. Supreme Court ruled that closely held for-profit corporations like Hobby Lobby could be exempt from regulations its owners religiously object to, in this case, the Affordable Care Act's requirement to provide employees with access to contraceptive methods, if there are less restrictive means of achieving the regulation's goals. This decision was based on the Religious Freedom Restoration Act (RFRA).

Question 20

Which act mandates that the strict scrutiny standard of review be used when determining whether the free exercise clause has been violated?

Accepted Answer

The Religious Freedom Restoration Act (RFRA) mandates that the strict scrutiny standard of review be used when determining whether the Free Exercise Clause of the First Amendment has been violated. This act was passed to ensure that interests in religious freedom are protected.

Quiz 10: The Limits of Social Control: Policing Vice