With
Kennedy writing for 5 justices (and O'Connor concurring in the judgment), the S.
Ct. invalidated the Texas sodomy statute--and by implication all other sodomy
statutes. The Court relies on substantive due process and explicitly
overrules Bowers. Kennedy cites and relies upon Casey and Romer, as well
as Stevens' dissent in Bowers. He suggest that the history of sodomy
regulation should not be understood as it was in Bowers, but he then appears to
adopt more of an evolving values approach.
Dan Conkle
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Daniel O. Conkle
Professor of Law
Indiana University School of
Law
Bloomington,
Indiana 47405
(812) 855-4331
fax (812) 855-0555
e-mail [EMAIL PROTECTED]
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