Cardozo Journal of Equal Rights & Social Justice
Abstract
The article critiques the Supreme Court's decision in Lawrence v. Texas, arguing that the Court's reliance on substantive due process under the Due Process Clause, rather than the Equal Protection Clause, undermines the broader equality concerns faced by the LGBTQ+ community. By prioritizing liberty over equality, the Court missed an opportunity to establish a more robust legal foundation for future LGBTQ+ rights, leaving the decision vulnerable to challenge and failing to address the systemic discrimination against gays and lesbians.
Disciplines
Constitutional Law | Courts | Fourteenth Amendment | Law | Law and Gender | Sexuality and the Law
Recommended Citation
Andrew J. Seligsohn,
Choosing Liberty Over Equality and Sacrificing Both: Equal Protection and Due Process in Lawrence v. Texas,
10
Cardozo J. Equal Rts. & Soc. Just.
411
(2004).
Available at:
https://larc.cardozo.yu.edu/cardozoersj/vol10/iss2/10
Included in
Constitutional Law Commons, Courts Commons, Fourteenth Amendment Commons, Law and Gender Commons, Sexuality and the Law Commons