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Harm to Constitutional Stature in Bowers and Carhart

Emily M. Calhoun

in Losing Twice: Harms of Indifference in the Supreme Court

Published in print:
2011
Published Online:
May 2011
ISBN:
9780195399745
eISBN:
9780199894444
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195399745.003.0004
Subject:
Law, Constitutional and Administrative Law

This chapter offers examples of rights decisions in which justices' harmful assertions about the losers' constitutional stature were so intertwined with the analysis of the merits of the dispute that ... More


Unencumbered Individuals and Embedded Selves: Reasons to Resist Dichotomous Thinking in Family Law

Mary Lyndon Shanley

in Debating Democracy's Discontent: Essays on American Politics, Law, and Public Philosophy

Published in print:
1998
Published Online:
November 2003
ISBN:
9780198294962
eISBN:
9780191598708
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0198294964.003.0019
Subject:
Political Science, Political Theory

US law concerning families has not tipped as unequivocally in the direction of unbridled individualism as Sandel believes, and, in any event, individualism and moral values are not diametrically ... More


Gay Rights and the Constitution of Reasons

Stephen Macedo

in Just Married: Same-Sex Couples, Monogamy, and the Future of Marriage

Published in print:
2015
Published Online:
October 2017
ISBN:
9780691166483
eISBN:
9781400865857
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691166483.003.0002
Subject:
Law, Family Law

This chapter considers the main arguments raised by conservatives against same-sex marriage and gay rights more generally. Defenders of same-sex marriage acknowledge the fact that marriage is in many ... More


Equal Protection and Invidious Intent

in The Gay Rights Question in Contemporary American Law

Published in print:
2002
Published Online:
March 2013
ISBN:
9780226451008
eISBN:
9780226451039
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226451039.003.0002
Subject:
Law, Constitutional and Administrative Law

Laws that discriminate against gays will always be demonstrably rational, because such laws will always further the state's legitimate moral objection to homosexual sodomy. Thus teaches Bowers v. ... More


Gay Rights

Patrick J. Egan, Nathaniel Persily, and Kevin Wallsten

in Public Opinion and Constitutional Controversy

Published in print:
2008
Published Online:
October 2011
ISBN:
9780195329414
eISBN:
9780199851720
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195329414.003.0011
Subject:
Political Science, American Politics

The controversy surrounding gay rights represents the most recent part in the long story of often unpopular attempts by courts to protect minorities from discrimination and to broaden the ... More


Sincere Believers, Bigots, or Superstitious Fools?: Motives and Morality in the Supreme Court’s Gay Rights Cases

Linda C. McClain

in Who's the Bigot?: Learning from Conflicts over Marriage and Civil Rights Law

Published in print:
2020
Published Online:
March 2020
ISBN:
9780190877200
eISBN:
9780190063726
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190877200.003.0007
Subject:
Law, Constitutional and Administrative Law, Human Rights and Immigration

This chapter traces the Supreme Court’s evolving approach to the constitutional rights of LGBTQ persons and whether moral disapproval justifies discriminatory criminal or civil laws. It evaluates the ... More


Sodometries: Renaissance Texts, Modern Sexualities

Jonathan Goldberg

Published in print:
2010
Published Online:
September 2011
ISBN:
9780823232215
eISBN:
9780823241217
Item type:
book
Publisher:
Fordham University Press
DOI:
10.5422/fordham/9780823232215.001.0001
Subject:
Literature, European Literature

This book is about representations of sodomy. While most of the texts it considers are literary — works by Shakespeare, Marlowe, Spenser, among others — it is framed by political considerations, ... More


Doctrinalism and Minimalism

Sotirios A. Barber and James E. Fleming

in Constitutional Interpretation: The Basic Questions

Published in print:
2007
Published Online:
January 2009
ISBN:
9780195328578
eISBN:
9780199855339
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195328578.003.0009
Subject:
Law, Constitutional and Administrative Law

Doctrinalists contend that interpreters can avoid the burdens and responsibilities of philosophic reflection and choice in hard cases by reflecting on bodies of judicial doctrines developed through a ... More


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