Choose or lose: embracing theories of choice in gay rights litigation strategies

Article Abstract:

The gay-rights movement, seeking equality for gay men and lesbians, should seek culture-shifting rulemaking through litigation strategies emphasizing choice-affirming arguments. In order to overcome the impact of rhetoric against their movement, advocates must strengthen their viewpoints with arguments showing people who are strong enough to accept an unpopular lifestyle. With such strategies, gay rights advocates can move past Bowers v. Hardwick and seek a more positive constitutional identity.

Management, Gay liberation movement, Gay rights movement

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States rights - and wrongs

Article Abstract:

Habeas corpus is an important constitutional right, but attempts to dilute it are misguided. Similarly, excessive life sentences are flawed forms of punishment. Overall, attempts to change constitutional rights for politically popular reasons should be deterred. State judiciaries have become increasingly important in the protection of these rights. Justice Wm Brennan is a major figure in jurisprudence because he understood the value of constitutional protections.

Analysis, Laws, regulations and rules, State rights, Habeas corpus, states

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