sexorientationflow - In Romer , SCt used RB w/ bite instead...

Info iconThis preview shows page 1. Sign up to view the full content.

View Full Document Right Arrow Icon
SEXUAL ORIENTATION Prof. Manheim Constitutional Law II Fall, 2006 Sexual Intimacy Sexual Preferences How Orientation Manifested Equal Protection Formulation Due Process Formulation Prohibiting certain sex acts by GLBs, but not by HSs, violates EP Burdening political or military access uniquely for GLBs violates EP Regulating sexual intimacy, relationships, & personal preferences violates DP GLB not a SC but gender is * Right of Equal Access to Political Process Suspect Class Strand Fundamental Rights Strand Same as DP Bowers v. Hardwick Lawrence v. Texas Romer v. Evans Leading Case Interpretivist Methodology Originalism Organic/Dynamic (evolving standards & com- parative constitutionalism)** Originalism Non-Interpretivism (natural law) Level of Generality Narrow: whether homo- sexuals have a fundamental right to engage in sodomy Broad: whether all persons have a liberty interest in their private/intimate relationships Textualism/Originalism (right to vote) Textualism (meaning of equal protection)
Background image of page 1
This is the end of the preview. Sign up to access the rest of the document.

Unformatted text preview: In Romer , SCt used RB w/ bite instead of SS based on animus toward class (GLB) DP preferred in Law-rence (vs. EP) to leave no room for Bowers ** Lawrence is somewhat unique in its overt use of international and evolving norms. It is also unique in using heightened rational basis review after finding a fundamental right. Narrow: moral approbation of a particular group violates EP in pure sense O'Connor would have used same approach (EP) in Lawrence GLB almost SC Standard of Review Rational Basis Rational Basis with Bite Lawrence overrules Bowers Lower courts have sustained Defense Dept's "don't ask, don't tell" regulation, based on extreme deference GLB: gay, lesbian bisexual Ht: heterosexual * Couldn't Court treat choice of partners here as it did in Loving ? Does treatment of issue depend upon whether sexual orien-tation is genetically or psychologically-based; or merely behavioral? Conduct Status...
View Full Document

This note was uploaded on 04/05/2010 for the course LAW LAW5502 taught by Professor Stern during the Spring '10 term at Florida State College.

Ask a homework question - tutors are online