Cardozo Journal of Equal Rights & Social Justice
Abstract
The article critiques Justice Anthony Kennedy's majority opinion in Lawrence v. Texas for its lack of clarity and robust constitutional framework. While the decision overturned Texas's sodomy law, the author argues that Kennedy's reasoning conflated liberty and equality rights, relied on vague language, and failed to establish a clear legal standard, undermining its potential to provide strong protection for LGBTQ+ rights.
Disciplines
Constitutional Law | Criminal Law | Criminal Procedure | Law | Law and Gender | Law and Society | Sexuality and the Law
Recommended Citation
Richard D. Mohr,
The Shag-a-delic Supreme Court: "Anal Sex," "Mystery," "Destiny," and the "Transcendent" in Lawrence v. Texas,
10
Cardozo J. Equal Rts. & Soc. Just.
365
(2004).
Available at:
https://larc.cardozo.yu.edu/cardozoersj/vol10/iss2/8
Included in
Constitutional Law Commons, Criminal Law Commons, Criminal Procedure Commons, Law and Gender Commons, Law and Society Commons, Sexuality and the Law Commons