Strengthening Constitutional Self-Government

No Left Turns

What Gay Studies Taught the Court

Rick Perlstein has an interesting piece praising the new academic "discipline" of gay studies. He argues that it had a lot to do with influencing Kennedy’s opinion in Lawrence, and overthrowing the Court’s opinion about such matters in Bowers, decided in 1986. I submit this not because I think Lawrence was well decided, it was not, but rather because Perlstein shows how academics (even in a non-discipline) still control the flow of events and the arguments. The fact that Perlstein thinks this is a good thing, and agrees with Lawrence is not to the point.

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