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Columbia Law School

2004

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Full-Text Articles in Law

"You Are Entering A Gay- And Lesbian-Free Zone": On The Radical Dissents Of Justice Scalia And Other (Post-) Queers, Bernard E. Harcourt Jan 2004

"You Are Entering A Gay- And Lesbian-Free Zone": On The Radical Dissents Of Justice Scalia And Other (Post-) Queers, Bernard E. Harcourt

Faculty Scholarship

The most renowned substantive criminal law decision of the October 2002 Term, Lawrence v. Texas, will go down in history as a critical turning point in criminal law debates over the proper scope of the penal sanction. For the first time in the history of American criminal law, the United States Supreme Court has declared that a supermajoritarian moral belief does not necessarily provide a rational basis for criminalizing conventionally deviant conduct. The court's ruling is the coup de grace to legal moralism administered after a prolonged, brutish, tedious, and debilitating struggle against liberal legalism in its various criminal ...