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Introducing Lawrence v. Texas: Some Background and a Glimpse of the Future

27 Pages Posted: 27 Mar 2004  

Edward Stein

Yeshiva University - Benjamin N. Cardozo School of Law

Abstract

The Supreme Court's decision in Lawrence v. Texas broke new ground for the legal position of lesbians, gay men and other sexual minorities in the United States. This article reviews the legal background against which Lawrence was decided (focusing on privacy and equal protection arguments). The article then explores the likely implications of this decision, specifically for the recognition of same-sex marriage and the constitutionality of laws that make other sex acts criminal. The article suggests that the most interesting questions after Lawrence concern whether the logic of Justice O'Connor's concurrence (that focused on the equal protection argument) will be accepted in the future.

Suggested Citation

Stein, Edward, Introducing Lawrence v. Texas: Some Background and a Glimpse of the Future. Cardozo Womens Law Journal, Vol. 10, No. 263, 2004. Available at SSRN: https://ssrn.com/abstract=520543

Edward Stein (Contact Author)

Yeshiva University - Benjamin N. Cardozo School of Law ( email )

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