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Lawrence As An Eighth Amendment Case: Sodomy And The Evolving Standards Of Decency, Sheldon Bernard Lyke
Lawrence As An Eighth Amendment Case: Sodomy And The Evolving Standards Of Decency, Sheldon Bernard Lyke
William & Mary Journal of Race, Gender, and Social Justice
This Article offers an alternate reading of Lawrence v. Texas, the 2003 U.S. Supreme Court case that struck down the Texas sodomy statute that criminalized private, consensual, and adult same-sex intercourse. While most scholars discuss Lawrence as a substantive due process case and struggle to find meaning in the ambiguity of the decision's language, I propose that Lawrence is better read as an Eighth Amendment case. This Article argues that the majority opinion analyzed the constitutionality of the Texas sodomy law as it would analyze the cruelty and unusualness of a criminal law in an Eighth Amendment evolving standards of …
"A Man's Home Is His Castle?": Reflections On The Home, The Family, And Privacy During The Late Nineteenth And Early Twentieth Centuries, Jonathan L. Hafetz
"A Man's Home Is His Castle?": Reflections On The Home, The Family, And Privacy During The Late Nineteenth And Early Twentieth Centuries, Jonathan L. Hafetz
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.