Cardozo Journal of Equal Rights & Social Justice
Abstract
The article examines the Supreme Court's decision in Lawrence v. Texas, which invalidated a Texas antisodomy statute criminalizing homosexual conduct. The Court held that the statute failed rational basis review and rejected the promotion of majoritarian sexual morality as a legitimate state interest. The decision reflects a broader recognition of the fundamental right to make autonomous, private, consensual, adult sexual choices. The analysis critiques Justice Scalia's dissent, arguing that his fears about the end of morals legislation are unfounded and that laws based solely on moral disapproval lack a rational basis.
Disciplines
Constitutional Law | Criminal Law | Criminal Procedure | Law | Law and Gender | Legal History | Legislation | Sexuality and the Law
Recommended Citation
Jami Weinstein & Tobyn DeMarco,
Challenging Dissent: The Ontology and Logic of Lawrence v. Texas,
10
Cardozo J. Equal Rts. & Soc. Just.
423
(2004).
Available at:
https://larc.cardozo.yu.edu/cardozoersj/vol10/iss2/11
Included in
Constitutional Law Commons, Criminal Law Commons, Criminal Procedure Commons, Law and Gender Commons, Legal History Commons, Legislation Commons, Sexuality and the Law Commons