Morals Legislation and the Establishment Clause
Arnold H. Loewy
Texas Tech University School of Law
Alabama Law Review, Forthcoming
In my essay entitled "Morals Legislation and the Establishment Clause," I argue that in Lawrence v. Texas, the Court correctly concluded that morality alone was not enough to justify legislation. Unlike, the Court, I predicate that conclusion on the Establishment Clause. In my view, morals legislation should be divided into two types: Morality simpliciter and purposive morality. Purposive morality, i.e., morality predicated on a legitimate secular rationale, presents no Establishment Clause problem. But morality simpliciter, i.e. that which is immoral simply because somebody says it is immoral, violates the Establishment Clause.
Number of Pages in PDF File: 29Accepted Paper Series
Date posted: November 7, 2003
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