Re: Bowers Overruled

[Lynne Henderson]

Title: Message

YAY!!!! ----- Original Message ----- From: Conkle, Daniel O. To: [EMAIL PROTECTED] Sent: Thursday, June 26, 2003 7:53 AM Subject: Bowers Overruled 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 ************************************** 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] **************************************