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 ID: 618126
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Slide1
Evans v. Romer
Why
Read Plato?...Slide2
“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)Slide3
Agenda
Sex and the State
Evans v.
Romer
: Case and Case-LawFinnis versus NussbaumDissonant Harmony?Adventures in Critical ThinkingThe Arguments: Your Impressions
2013-10-24
Evans v. Romer
3Slide4
Sex and the State
Evans v.
Romer
: Case and Case-LawSlide5
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)
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Evans v. Romer
5Slide6
Colorado Amendment 2 (1992)
Outlawing…
pro-gay/bi legislation
Denying…
sexual minority rights recognition
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Evans v. Romer
6Slide7
Challenge: Evans v. Romer
Plaintiffs
Richard G. Evans
John Miller
Priscilla Inkpenet al.DefendantsGov. Roy Romer
state of Colo.state attorney general
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Evans v. Romer
7Slide8
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”
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8Slide9
Aftermath…
Lawrence v. Texas (2003)
Overturns Bowers v. Hardwick
Same-sex marriage
LegalizedMassachusettsConnecticut
CaliforniaOutlawed
ArizonaCalifornia (Proposition 8, 2008)
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Evans v. Romer
9Slide10
Finnis versus Nussbaum
Dissonant Harmony?Slide11
Authors and Aims
Finnis,
“Law, Morality, and ‘Sexual Orientation’ ”
Notre Dame Law Review
69.5 (1994) 1049–76Nussbaum,
“Platonic Love and Colorado Law: The Relevance of Ancient Greek Norms to Modern Sexual Controversies”Virginia Law Review 80.7 (1994) 1515–1652
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Evans v. Romer
11Slide12
What say they/you?...
Finnis
Traditional morality standard
as per Burger
ParallelStandard Modern (European) PositionMoral argumentHomoerotic sex as actualizing no good
Textual-historical validation
Nussbaum
Evolving standards perspective
as per Warren
Ancient texts as
Thought experiments in diversity
Interrogations of assumptions
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Evans v. Romer
12Slide13
Adventures in Critical Thinking
The Arguments: Your ImpressionsSlide14
The Arguments: Your Impressions
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14