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DOE v. DULING

Civ. A. No. 84-0118-R.

603 F.Supp. 960 (1985)

James DOE, et al., Plaintiffs, v. Frank S. DULING, et al., Defendants.

United States District Court, E.D. Virginia, Richmond Division.

February 27, 1985.

Attorney(s) appearing for the Case

Michael Morchower, John B. Boatwright, III, Morchower & Luxton, Richmond, Va., for plaintiffs.

Michael L. Sarahan, James C. Wicker, Jr., Asst. Commonwealth's Atty., for the City of Richmond, Va., Richmond, Va., Linwood T. Wells, Asst. Atty. Gen. of Va., Richmond, Va., for defendants.

MEMORANDUM

MERHIGE, District Judge.

I. Facts

This is an action challenging the constitutionality of Virginia's fornication and cohabitation statutes. Section 18.2-344 of the Virginia Code provides that "[a]ny person, not being married, who voluntarily shall have sexual intercourse with any other person, shall be guilty of fornication, punishable as a Class 4 misdemeanor." Section 18.2-345 punishes as a Class 3 misdemeanor "any persons, not...

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