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Morals Legislation and the Establishment Clause

29 Pages Posted: 7 Nov 2003  

Arnold H. Loewy

Texas Tech University School of Law


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.

Suggested Citation

Loewy, Arnold H., Morals Legislation and the Establishment Clause. Alabama Law Review, Forthcoming. Available at SSRN: or

Arnold H. Loewy (Contact Author)

Texas Tech University School of Law ( email )

1802 Hartford
Lubbock, TX 79409
United States

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