Evans v. Romer - Binghamton University

Evans v. Romer - Binghamton University

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

Finnis versus Nussbaum Dissonant Harmony? Adventures in Critical Thinking The 2013-10-24 Arguments: Your Impressions Evans v. Romer 3 Sex and the State

Evans v. Romer: Case and Case-Law 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) 2013-10-24 Evans v. Romer 5

Colorado Amendment 2 (1992) Outlawing pro-gay/bi legislation Denying sexual minority rights recognition 2013-10-24 Evans v. Romer 6

Challenge: Evans v. Romer Plaintiffs Richard G. Evans John Miller Priscilla Inkpen et al. Defendants Gov. Roy Romer state of Colo. state attorney general 2013-10-24

Evans v. Romer 7 Federal Appeal Struck down (5/21/1996) 14th amendment (equal protection) Scalia dissent

2013-10-24 Amendment 2 as modest attempt ... to preserve traditional sexual mores against the efforts of a politically powerful minority Evans v. Romer 8 Aftermath Lawrence v. Texas (2003) Overturns

Bowers v. Hardwick Same-sex marriage Legalized Massachusetts Connecticut California Outlawed Arizona California 2013-10-24 (Proposition 8, 2008) Evans v. Romer 9

Finnis versus Nussbaum Dissonant Harmony? Authors and Aims Finnis, Law, Morality, and Sexual Orientation Notre Dame Law Review 69.5 (1994) 104976 2013-10-24

Nussbaum, Platonic Love and Colorado Law: The Relevance of Ancient Greek Norms to Modern Sexual Controversies Virginia Law Review 80.7 (1994) 15151652 Evans v. Romer 11 What say they/you?... Finnis Traditional morality standard

Standard Modern (European) Position Homoerotic sex as actualizing no good as per Warren Ancient texts as

Moral argument as per Burger Parallel Nussbaum Evolving standards perspective

Thought experiments in diversity Interrogations of assumptions Textual-historical validation 2013-10-24 Evans v. Romer 12 Adventures in Critical Thinking The Arguments: Your Impressions

The Arguments: Your Impressions 2013-10-24 Evans v. Romer 14

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