After the US Supreme Court ruled that a right to privacy is implied in the Constitution, it began — in subsequent cases — to define how much of a person's life that right protected. Among the things it covers, said the Court, are a couple's decision about whether to use contraceptives,3 and "personal rights that can be deemed 'fundamental' or 'implicit in the concept of ordered liberty.' " 4
In ruling on the lawsuit brought by Marcus's mother, the US Court of Appeals for the Third Circuit noted that the US Supreme Court also ruled, in 1977, that the constitutional right to privacy "respects not only an individual's autonomy in intimate matters, but also an individual's interest in avoiding divulgence of highly personal information."5
Information about Marcus's sexual orientation "was an intimate aspect of his personality entitled to privacy protection," said the Third Circuit, and the Minersville police had no good reason to threaten to divulge that information to Marcus's grandfather. (In some circumstances, the government can violate a person's constitutional rights but it must be able to convince the court that it has a good reason to do so.)
In our country's federal court system, decisions by the US Supreme Court affect everyone on a nationwide basis. But if a decision comes from a lower court, it affects only the geographical area of that court. Thus, the Third Circuit's opinion that information about a person's sexual orientation is protected by the Constitution applies only to states and regions in the Third Circuit — Pennsylvania, New Jersey, Delaware, and the US Virgin Islands. As the Third Circuit noted, one other circuit has issued a similar ruling concerning transsexualism, and three other circuits have issued similar rulings concerning information about a person's sexual experiences and about a minor's "personal sexual matters."6
But the Fourth Circuit has ruled that the right to privacy does not protect information about whether you have had sex with a person of the same sex.7 So if you live in Maryland, North Carolina, South Carolina, Virginia, and West Virginia, you may be more vulnerable to this type of threat.