Evans v. Romer - Binghamton University
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Evans v. Romer
Why Read Plato?...
“The less that lawyers know
about a subject, the less that
judges will know; and the less
that judges know, the more
likely they are to vote their
prejudices.”
(Nussbaum p. 3 quoting Posner)
Agenda
Sex and the State
Finnis versus Nussbaum
Evans v. Romer: Case and Case-Law
Dissonant Harmony?
Adventures in Critical Thinking
The Arguments: Your Impressions
2013-10-24
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Sex and the State
Evans v. Romer: Case and Case-Law
Bowers v. Hardwick (1986)
Supreme Court Case
Sodomy law upheld
“To hold that the act of homosexual
sodomy is somehow protected as a
fundamental right would be to cast
aside millennia of moral teaching”
(Chief Justice Warren Burger)
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Colorado Amendment 2 (1992)
Outlawing…
pro-gay/bi legislation
Denying…
sexual minority rights
recognition
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Challenge: Evans v. Romer
Plaintiffs
Richard G. Evans
John Miller
Priscilla Inkpen
et al.
Defendants
Gov. Roy Romer
state of Colo.
state attorney general
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Federal Appeal…
Struck down (5/21/1996)
14th amendment (equal
protection)
Scalia dissent…
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Amendment 2 as “modest
attempt ... to preserve
traditional sexual mores
against the efforts of a
politically powerful minority”
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Aftermath…
Lawrence v. Texas (2003)
Overturns Bowers v. Hardwick
Same-sex marriage
Legalized
Massachusetts
Connecticut
California
Outlawed
Arizona
California (Proposition 8, 2008)
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Finnis versus Nussbaum
Dissonant Harmony?
Authors and Aims
Finnis, “Law, Morality, and ‘Sexual
Orientation’ ”
Notre Dame Law Review 69.5
(1994) 1049–76
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Nussbaum, “Platonic Love and
Colorado Law: The Relevance of
Ancient Greek Norms to Modern
Sexual Controversies”
Virginia Law Review 80.7 (1994)
1515–1652
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What say they/you?...
Finnis
Traditional morality
standard
Standard Modern (European)
Position
Moral argument
as per Burger
Parallel
Nussbaum
Evolving standards
perspective
Ancient texts as
Homoerotic sex as
actualizing no good
as per Warren
Thought experiments in
diversity
Interrogations of
assumptions
Textual-historical validation
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Adventures in Critical Thinking
The Arguments: Your Impressions
The Arguments: Your Impressions
2013-10-24
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