Mark Graber may be right, but it's a deal fraught with peril. Dan Pinello's study of gay rights cases finds that the presence of an anti-sodomy law correlates significantly with anti gay rights decisions across the board, even after controlling for a wealth of variables that include judicial ideology, regional ideology, religion, etc. Judges seem to be taking a cue from the legislation.
So maybe the real import of this decision is to make lower judges more amenable to gays who seek custody of children, adoption, etc. > Frank Cross Herbert D. Kelleher Centennial Professor of Business Law CBA 5.202 University of Texas at Austin Austin, TX 78712
