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01/15/2013

Jack Balkin: Sexual Freedom and the Constitutional Text
Michael Ramsey

At Balkinization, Jack Balkin has posted Sexual Freedom and the Constitutional Text, a contribution the UCLA Law School Conference on Liberty/Equality: The View from Roe’s 40th and Lawrence’s 10th Anniversaries.

From the introduction:

Beginning with Griswold v. Connecticut, and continuing with  Roe v. Wade and Lawrence v. Texas, people have criticized decisions protecting sexual freedom because they have no basis in the text of the Constitution.

In fact all of these decisions are grounded in the text of the Constitution, but unwise Supreme Court decisions have obscured the connections. ...

(Note: Balkinization is also posting the other contributions to the conference).