Our Living Constitution

Lawrence v. Texas gives new meaning to American freedom

By Eric Foner

The June 24 Supreme Court decision, Lawrence v. Texas, overturning a Texas sodomy law is a major victory not only for human rights, but for a view of the Constitution as a “living” document whose protections expand as society changes. It marks a stunning repudiation by [RETURN TO ARTICLE]

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    Professor Foner describes the back ground, but the critical decisions by the Gay Rights Movement to align itself with the Health community in combating AIDS, and to agitate for gay marriage are significant proximate causes.  Justice Kennedy is reflecting on decades of gay rights activities when he concludes: “To say that the issue in Bowers was simply the right to engage in certain sexual conduct demeans the claim the individual put forward, just as it would demean a married couple were it to be said marriage is simply about the right to have sexual intercourse.”  Proving, once again, that oppression is not sufficient for legal recognition.  A movement must also show it can make the right decisions about what constitutes responsible membership in civil society.

    United States Posted by nathan riley on Jul 15, 2003 at 2:44 AM

    Your points are well reasoned and you show the courage of your convictions.  The only issue I have is that interpreting the “intent” of people who died so long ago is impossible.  The supreme court is overpowerfull in that they should cite “chapter and verse” where a law is or isn’t Constitutional.  In the event we disagree with the constitution, lets change it via the amendment process.  “We the people” are becoming “We the subjects of the Lawyer/Politition Aristocracy”

    United States Posted by Phillip Gwinn on Sep 28, 2003 at 8:14 AM
     Page 1 of 1 pages

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