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Copyright (c) 1995 Georgetown Law Journal
Georgetown Law Journal

ARTICLE: HOMOSEXUALITY AND THE CONSERVATIVE MIND

December, 1995

84 Geo. L.J. 261

Author

STEPHEN MACEDO *

Excerpt

Abstract
 
The question of whether legal discrimination against gays and lesbians has a rational basis or is a manifestation of unreasoned prejudice remains very much alive. Professor Macedo's article critically assesses the state of the public moral argument about homosexuality. He does so by considering whether today's leading conservative academics and intellectuals are succeeding in advancing a reasoned, public, secular case for legal discrimination against homosexuals. The answer, Professor Macedo suggests, is "no": even eminent conservative thinkers make the mistake of translating their opposition to promiscuity and an ethic of sexual liberationism into blanket condemnations of homosexuality per se. The article provides grounds for concluding that there is no reasoned, secular case for discriminating against gays and lesbians. 
Respondent asserts that there must be a rational basis for the [antisodomy] law and that there is none in this case other than the presumed belief of a majority of the electorate in Georgia that homosexual sodomy is immoral and unacceptable . . . . Respondent . . . insists that majority sentiments about the morality of homosexuality should be declared inadequate. We do not agree, and are unpersuaded that the sodomy laws of some 25 States should be invalidated on this basis.
 
Associate Justice White, Bowers v. Hardwick, Supreme Court of the United States, 1986. 1



Some of the most divisive political conflicts of our time hang at least partly on the answer to the question of whether legal discrimination against gays and lesbians has a reasoned basis. ...
 
 
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