A Conservative Defense of Romer v. Evans

40 Pages Posted: 21 Aug 2016

See all articles by Dale Carpenter

Dale Carpenter

Southern Methodist University - Dedman School of Law

Date Written: 2001


In his argument for an alternative conservative response to Romer v. Evans, the author outlines the majority and dissenting opinions in Evans to identify what he takes to be the decision's import. Next, he outlines some of the main themes of conservative political and legal thought, concentrating especially on Edmund Burke. He then argues the common conception of Burke as an intransigent defender of the status quo and of present traditions and practices is a misreading of him. Finally, he discusses the conservative underpinnings for Evans in light of this intellectual history, with an emphasis on the profoundly conservative instincts revealed in the Court's opinion and also on the ways in which Evans addresses fears expressed by the Framers, most notably James Madison.

Keywords: Romer v. Evans, Supreme Court, state laws, Edmund Burke, Burkean conservatism, discrimination – gays, civil rights – homosexuals, 14th amendment, equal protection

Suggested Citation

Carpenter, Dale, A Conservative Defense of Romer v. Evans (2001). Indiana Law Journal, Vol. 76, No. 2, 2001, Available at SSRN: https://ssrn.com/abstract=2826027

Dale Carpenter (Contact Author)

Southern Methodist University - Dedman School of Law ( email )

P.O. Box 750116
Dallas, TX 75275
United States

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