Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Law and Society

SelectedWorks

Bowers v. hardwick

Publication Year

Articles 1 - 2 of 2

Full-Text Articles in Law

Lawrence V. Texas: When Profound And Deep Convictions Collide With Liberty Interests, Nancy J. Knauer Jan 2004

Lawrence V. Texas: When Profound And Deep Convictions Collide With Liberty Interests, Nancy J. Knauer

Nancy J. Knauer

This Essay offers a brief analysis of Lawrence v. Texas, arguing that Justice Kennedy's recognition of a liberty interest is preferable to the Equal Protection analysis urged by the Petitioners and advanced by Justice O'Connor. Equality arguments based on orientation and group affiliation in the absence of a core right to sexual autonomy reinforce a view of stable gay identities that is ultimately disingenuous and disempowering. After seventeen years of attempts by pro-gay advocates to bifurcate conduct from status and sidestep Bowers v. Hardwick, Justice Kennedy's majority opinion has conclusively put the sex back into homosexual. Under Equal Protection analysis, …


Homosexuality As Contagion: From The Well Of Loneliness To The Boy Scouts, Nancy J. Knauer Jan 2000

Homosexuality As Contagion: From The Well Of Loneliness To The Boy Scouts, Nancy J. Knauer

Nancy J. Knauer

In the political arena, there are currently two central and competing views of homosexuality. Pro-family organizations, working from a contagion model of homosexuality, contend that homosexuality is an immoral, unhealthy, and freely chosen vice. Many pro-gay organizations espouse an identity model of homosexuality under which sexual orientation is an immutable, unchosen, and benign characteristic. Both pro-family and pro-gay organizations believe that to define homosexuality is to control its legal and political status. This sometimes bitter debate regarding the nature of same-sex desire might seem like an exceedingly contemporary development. However, the ex-gay media blitz of 2000 represents only the latest …