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During her remarkable career on the Supreme Court, Justice Sandra Day O'Connor articulated principles, in both concurrence and dissent, which moved to the doctrinal core of multiple areas of jurisprudence. Perhaps, just perhaps, Justice O'Connor has done it again. In Lawrence v. Texas, although the Court's majority decided the case on substantive due process grounds, O'Connor concurred relying solely on the Equal Protection Clause. Because future litigation on sexuality and gender issues is more likely to turn on issues of equality (or expression) than on issues of privacy, her concurrence may ultimately achieve the influence of many of her past minority opinions. And because its reach exceeds the bounds of any specific classification, O'Connor's concurrence in Lawrence may set the terms for equal protection analysis in cases involving a broad range of social groups.

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7 Geo. J. Gender & L. 141-169