October 2006 Vol. 105 No. 1 THE REVIEW

Evolving Objective Standards: A Developmental Approach to Constitutional Review of Morals Legislation

Christian J. Grostic

“[T]he fact that the governing majority in a State has traditionally viewed a particular practice as immoral is not a sufficient reason for upholding a law prohibiting the practice . . . .”

With this single sweeping statement in Lawrence v. Texas, the Supreme Court threw the validity of an entire class of laws and a long line of precedents into doubt. In dissent, Justice Scalia asserted that “[t]his effectively decrees the end of all morals legislation.” “State laws against bigamy, same-sex marriage, adult incest, prostitution, masturbation, adultery, fornication, bestiality, and obscenity are . . . sustainable only in light of Bowers’ validation of laws based on moral choices. Every single one of these laws is called into question by today’s decision . . . .”

   //  VIEW PDF
& Other Current Events

Judicial Diversity After Shelby County v. Holder

In 2014, voters in ten of the fifteen states previously covered by the Voting Rights Act ("VRA") preclearance...

Fall Submission Season

MLR’s Articles Office will open its fall submission season on Monday, August 18!  The Articles...

The Ninth Circuit's Treatment of Sexual Orientation: Defining “Rational Basis Review with Bite”

On February 10, Nevada's Democratic attorney general decided to stop defending the state's constitutional...

Inhibiting Intrastate Inequalities: A Congressional Approach to Ensuring Equal Opportunity to Finance Public Education

The United States has exhibited a strong commitment to public education throughout its history. The local...

War Is Governance: Explaining the Logic of the Laws of War from a Principal-Agent Perspective

What is the purpose of the international law on armed conflict, and why would opponents bent on destroying...
MAILING LIST
Sign Up to Join Our Mailing List