Sam Spade
SamSpade
Atlas Star
Posts: 27,547
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« Reply #1 on: June 30, 2007, 10:23:27 PM » |
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I seem to recall that O'Connor's concurrence said that the Texas sodomy law violated Equal Protection Clause based on discrimination between the sexes, not on discrimination based on sexual orientation. That was how she distinguished Bowers (hetero and homo sodomy banned) with the Texas sodomy law (only homo sodomy banned). I also seem to recall that this theory was based on Stevens' dissent in Bowers.
No USSC justice I know of has ever held discrimination based on sexual orientation to be higher than rational review (w/bite, perhaps).
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