1 / 14

Evans v. Romer

Evans v. Romer. Why Read Plato?. “The less that lawyers know about a subject, the less that judges will know; and the less that judges know, the more likely they are to vote their prejudices .” (Nussbaum p. 3 quoting Posner). Agenda. Sex and the State Evans v. Romer : Case and Case-Law

susane
Download Presentation

Evans v. Romer

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  1. Evans v. Romer Why Read Plato?...

  2. “The less that lawyers know about a subject, the less that judges will know; and the less that judges know, the more likely they are to vote their prejudices.”(Nussbaum p. 3 quoting Posner)

  3. Agenda • Sex and the State • Evans v. Romer: Case and Case-Law • Finnis versus Nussbaum • Dissonant Harmony? • Adventures in Critical Thinking • The Arguments: Your Impressions Evans v. Romer

  4. Sex and the State Evans v. Romer: Case and Case-Law

  5. Bowers v. Hardwick (1986) • Supreme Court Case • Sodomy law upheld “To hold that the act of homosexual sodomy is somehow protected as a fundamental right would be to cast aside millennia of moral teaching” (Chief Justice Warren Burger) Evans v. Romer

  6. Colorado Amendment 2 (1992) • Outlawing… • pro-gay/bi legislation • Denying… • sexual minority rights recognition Evans v. Romer

  7. Challenge: Evans v. Romer • Plaintiffs • Richard G. Evans • John Miller • Priscilla Inkpen • et al. • Defendants • Gov. Roy Romer • state of Colo. • state attorney general Evans v. Romer

  8. Federal Appeal… • Struck down (5/21/1996) • 14th amendment (equal protection) • Scalia dissent… • Amendment 2 as “modest attempt ... to preserve traditional sexual mores against the efforts of a politically powerful minority” Evans v. Romer

  9. Aftermath… • Lawrence v. Texas (2003) • Overturns Bowers v. Hardwick • Same-sex marriage • Legalized • Massachusetts • Connecticut • California • Outlawed • Arizona • California (Proposition 8, 2008) Evans v. Romer

  10. Finnis versus Nussbaum Dissonant Harmony?

  11. Finnis, “Law, Morality, and ‘Sexual Orientation’ ” Notre Dame Law Review 69.5 (1994) 1049–76 Nussbaum, “Platonic Love and Colorado Law: The Relevance of Ancient Greek Norms to Modern Sexual Controversies” Virginia Law Review 80.7 (1994) 1515–1652 Authors and Aims Evans v. Romer

  12. What say they/you?... Finnis Nussbaum Evolving standards perspective as per Warren Ancient texts as Thought experiments in diversity Interrogations of assumptions • Traditional morality standard • as per Burger • Parallel • Standard Modern (European) Position • Moral argument • Homoerotic sex as actualizing no good • Textual-historical validation Evans v. Romer

  13. Adventures in Critical Thinking The Arguments: Your Impressions

  14. The Arguments: Your Impressions Evans v. Romer

More Related