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Former Supreme Court justice Byron White, author of the majority decision
in the Hardwick v. Bowers case, has died.
In that case, White, writing for the majority, compared homosexuality to
illicit drug usage, incest, adultery, "and other sexual crimes", arguing
that were the court to overturn laws against sodomy, it could later have
to overturn laws proscribing those activities too. White wrote that laws
against homosexuality have "ancient roots" and that "to claim that a right
to engage in such conduct is "deeply rooted in this Nation's history and
tradition" or "implicit in the concept of ordered liberty" is, at best,
facetious."
Since Hardwick v. Bowers, Gay and Lesbian Americans have suffered numerous
legal challenges to their ability to earn a living, acquire housing, make
wills, raise their own children, serve in the military, assert visitation
rights, and many other common rights which heterosexual Americans take
for granted. Gay youth have been denied the right to a safe and secure
environment in many school systems, on the basis that to protect them,
would be to condone illegal activity.
White's career was praised from many quarters, including the Washington
Post, which wrote, "his austere and simple vision of the court's role looks
pretty good.
Copyright © April 22, 2002 by Bruce A.
Garrett
All Rights Reserved.
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