Part IV of Stone's "Trump, The Supreme Court, And The Rights Of Gays And Lesbians"

Trump, The Supreme Court, And The Rights Of Gays And Lesbians, Part 4
Geoffrey R. Stone
Huffington Post
February 15, 2017

With the nomination of Judge Neil Gorsuch to serve on the Supreme Court of the United States instead of Chief Judge Merrick Garland, and with the possibility of another Trump Supreme Court nomination at some point down the road, it is useful to reflect on the history of homosexuality in Western culture and on the pivotal role the Supreme Court has played in helping to shape our nation’s laws in this regard.

The plain and simple fact is that, with two Trump appointments to the Supreme Court, should that come to pass, we can expect significant changes in the way the Court approaches the rights of gays and lesbians in the future. Before we get to that point, it is important to understand how we got to where we are today. It is only with that understanding that we can truly comprehend the magnitude of the challenge ahead.

In my first three pieces in this series, I discussed the history of homosexuality from the ancient world through the Supreme Court’s 2003 decision in Lawrence v. Texas. See part 1part 2; and part 3.

In this, the fourth and final piece in the series, I will discuss the role of the Supreme Court in addressing the issue of same-sex marriage. Each of these posts, I should note, is drawn in part from my forthcoming book, Sex and the Constitution. I hope you will find this history instructive.

Faculty: 
Geoffrey R. Stone