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View Diary: Bowers v. Hardwick was decided 25 years ago today (74 comments)

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  •  Thanks, and fun (11+ / 0-)

    trivia: Justice O'Connor, the "swing vote", was in the majority for Bowers and filed a concurring opinion in Lawrence. She would have struck down the sodomy law at issue in Lawrence WITHOUT overturning Bowers, based on the idea that the law didn't criminalize both same sex and opposite sex sodomy.

    And then in Lawrence the opinion was written by Justice Kennedy, the conservative.

    Kind of scary: the supposed swing-vote was more far right than the far right Justice Kennedy is. At least on social issues.

    "I will never compromise on my commitment to equal rights for all LGBT Americans." - President Obama, 2/28/08

    by indiemcemopants on Thu Jun 30, 2011 at 01:22:26 PM PDT

    [ Parent ]

    •  It's a little more complicated than that (9+ / 0-)

      You can take a Substantive Due Process and/or an Equal Protection path to deciding Lawrence favorably.  O'Connor took an Equal Protection path, which is in at least in some ways superior.  But that's a long, long discussion.

      Great reminder of the sinkhole from which we've been emerging.  T&R'd.

      To protect the Latino "community of interest" in redistricting Orange County, Santa Ana, eastern Garden Grove, and central Anaheim must be in the same legislative districts.

      by Seneca Doane on Thu Jun 30, 2011 at 01:58:57 PM PDT

      [ Parent ]

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