In Lawrence v. Texas, the Supreme Court performed a double move, creating a dramatic discursive moment: it both decriminalized consensual homosexual relations between adults, and, simultaneously, authorized a new regime of heightened regulation of homosexuality. How that happened and what we can expect next are the subjects of this essay.
102 Mich. L. Rev. 1528-1554 (2004)
Scholarly Commons Citation
Hunter, Nan D., "Sexual Orientation and the Paradox of Heightened Scrutiny" (2004). Georgetown Law Faculty Publications and Other Works. Paper 114.