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Articles 1 - 4 of 4
Full-Text Articles in Law
Is Moral Relativism A Constitutional Command?, Steven G. Gey
Is Moral Relativism A Constitutional Command?, Steven G. Gey
Indiana Law Journal
No abstract provided.
Bowers V. Hardwick: Diverging Interpretations, Warren D. Leishman
Bowers V. Hardwick: Diverging Interpretations, Warren D. Leishman
Brigham Young University Prelaw Review
Rarely does the serving of a simple misdemeanor warrant result in a case tried before the highest court in the land, but this is what happened to Michael Hardwick in August, 1982. Police officers arriving at his house were let in by a houseguest who led the policemen to the bedroom. At this point they stumbled upon Hardwick engaged in a sexual act with another man, an act which, under Georgia Code 16-6-2, constituted sodomy and was thus punishable "by imprisonment for not less than one nor more than twenty years." Michael Hardwick was arrested and charged, the first such …
Of Communism, Treason, And Addiction: An Evaluation Of Novel Challenges To The Military's Anti-Gay Policy, Taylor Flynn
Of Communism, Treason, And Addiction: An Evaluation Of Novel Challenges To The Military's Anti-Gay Policy, Taylor Flynn
Faculty Scholarship
A recent wave of decisions have held unconstitutional the exclusion of lesbians, bisexuals,and gay men in the military when the only evidence of same-sex "conduct" is the servicemember's self-identification as gay. These courts, as well as some pro-equality commentators, have drawn upon three criminal law models by characterizing same-sex orientation as akin to a status and a form of political expression.
The first model relies upon Robinson v. California and Powell v. Texas, in which the Supreme Court announced the constitutional impermissibility of criminalizing the status of addiction to narcotics and alcohol. In the context of military litigation, this model …