Thomas dale why am i gay1/31/2024 He similarly disagreed with Justice O’Connor’s concurrence, which concluded that Texas had violated the Equal Protection Clause of the Fourteenth Amendment by singling out gay sex alone for criminalization. Scalia argued that there was no history or tradition protecting a “right to homosexual sodomy” and that, absent infringement of such a fundamental right, the Texas law was valid simply as an expression of majoritarian morality. Scalia emphatically disagreed with Justice Kennedy’s majority opinion, which relied on the “liberty” protected by the Due Process Clause of the Fourteenth Amendment to strike down a Texas law criminalizing sodomy only if performed by persons of the same sex. To get at a possible answer, let’s recall Justice Scalia’s famous dissent in Lawrence. Texas(2003) is correct, could a Justice who refuses to overrule that decision reject a same-sex marriage claim? Consider this: If Justice Scalia’s aggressive reading of Lawrence v. It can even unite supporters and opponents of same-sex marriage. Texas: How a Bedroom Arrest Decriminalized Gay Americans.Ĭonstitutional law makes strange bedfellows. He is the author of Flagrant Conduct: The Story of Lawrence v. Larson Professor of Civil Rights and Civil Liberties Law at the University of Minnesota. The following contribution to our same-sex marriage symposium comes from Dale Carpenter, Earl R.
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