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Flagrant Conduct: The Story of Lawrence v. Texas [Hardcover]

Dale Carpenter
4.8 out of 5 stars  See all reviews (17 customer reviews)

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Book Description

March 12, 2012

A 2012 New York Times Notable Book

"A real-life detective story that reveals the drama behind the scenes of a great Supreme Court victory for human rights." —Linda Greenhouse

No one could have predicted that the night of September 17, 1998, would be anything but routine in Houston, Texas. Even the call to police that a black man was "going crazy with a gun" was hardly unusual in this urban setting. Nobody could have imagined that the arrest of two men for a minor criminal offense would reverberate in American constitutional law, exposing a deep malignity in our judicial system and challenging the traditional conception of what makes a family. Indeed, when Harris County sheriff’s deputies entered the second-floor apartment, there was no gun. Instead, they reported that they had walked in on John Lawrence and Tyron Garner having sex in Lawrence’s bedroom.

So begins Dale Carpenter’s "gripping and brilliantly researched" Flagrant Conduct, a work nine years in the making that transforms our understanding of what we thought we knew about Lawrence v. Texas, the landmark Supreme Court decision of 2003 that invalidated America’s sodomy laws. Drawing on dozens of interviews, Carpenter has taken on the "gargantuan" task of extracting the truth about the case, analyzing the claims of virtually every person involved.

Carpenter first introduces us to the interracial defendants themselves, who were hardly prepared "for the strike of lightning" that would upend their lives, and then to the Harris County arresting officers, including a sheriff’s deputy who claimed he had "looked eye to eye" in the faces of the men as they allegedly fornicated. Carpenter skillfully navigates Houston’s complex gay world of the late 1990s, where a group of activists and court officers, some of them closeted themselves, refused to bury what initially seemed to be a minor arrest.

The author charts not only the careful legal strategy that Lambda Legal attorneys adopted to make the case compatible to a conservative Supreme Court but also the miscalculations of the Houston prosecutors who assumed that the nation’s extant sodomy laws would be upheld. Masterfully reenacting the arguments that riveted spectators and Justices alike in 2003, Flagrant Conduct then reaches a point where legal history becomes literature, animating a Supreme Court decision as few writers have done.

In situating Lawrence v. Texas within the larger framework of America’s four-century persecution of gay men and lesbians, Flagrant Conduct compellingly demonstrates that gay history is an integral part of our national civil rights story. 8 pages of black-and-white photographs

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Editorial Reviews

Review

Flagrant Conduct is a stirring and richly detailed account of Lawrence v. Texas, the momentous 2003 decision that overturned Bowers [v. Hardwick].  Carpenter...tells the story through the eyes of the major players — the plaintiffs, arresting officers, attorneys, judges and prosecutors — most of whom were interviewed at length. The result is a book that turns conventional wisdom about Lawrence on its head. Indeed, the readers most likely to be surprised by Flagrant Conduct are those who think they already know the basic outlines of the case.” (David Oshinsky - New York Times )

“[An] important new book... [A] chronicle that peels the Lawrence case back through layers of carefully choreographed litigation and tactical appeals, back to the human protagonists we never really got to know, and back again through centuries of laws criminalizing “unnatural” sexual activity.” (Dahlia Lithwick - New Yorker )

“Starred review. In compelling and eminently readable prose—as gripping as any detective novel—Carpenter reveals the details behind the famous legal battle. ...It is a story, according to the author, that involves the misuse of authority, the cowardice of elected state-court judges who rebuffed the defendants’ legal claims, and the refusal of legislators to repeal a dubious and odious law. An important book about a landmark case.” (June Sawyers - Booklist )

“Dale Carpenter’s excellent new book, Flagrant Conduct: The Story of Lawrence v. Texas is not only an in-depth study of the complicated background of the case, but also a highly informative, detailed, even thrilling account of how the Supreme Court arguments reshaped American law, possibly even inadvertently leading to the legalization of same-sex marriage.

...Carpenter moves into John Grisham territory as a group of rebels with a very good cause...mount their battle against not only the Texas law but all existing state sodomy laws. Carpenter’s tale of the arrest — and how it affected these men’s lives— is fascinating, but his recounting of the Supreme Court hearings is a fine piece of dramatic reporting that sharpens the drama and presents the legal issues and personalities with clarity.” (Michael Bronkski - San Francisco Chronicle )

“Starred review. [In Flagrant Conduct] Carpenter presents an engrossing depiction of a pivotal case in 21st-century American jurisprudence.” (Publishers Weekly )

“Dale Carpenter’s Flagrant Conduct: The Story of Lawrence v. Texas presents a micro-history of a Texas case that against all odds reached the Untied States Supreme Court and resulted in the constitutional abolition of anti-sodomy laws…. Living constitutionalists will look to evolving societal norms and the compulsion of precedent, including Lawrence v. Texas, to argue that the time has come to recognize a constitutional right to marry whom you will.” (Don Franzen - Los Angeles Review of Books )

“[An] informative, highly readable account of a case that has been likened in significance to Brown v. Board of Education and Gideon v. Wainwright.” (Kirkus Reviews )

Flagrant Conduct provides a rich, meticulous, and fascinating account of the most important constitutional decision so far on the status of gays and lesbians in American society.” (David Cole - The New York Review of Books )

“Dale Carpenter's Flagrant Conduct does for Lawrence v. Texas what Richard Kluger's Simple Justice and Anthony Lewis's Gideon's Trumpet did for Brown v. Board of Education and Gideon v. Wainwright. It tells the story of a profoundly dramatic and important Supreme Court decision in a way that brings to life the stakes, the participants, the justices, and the drama of the constitutional controversy. It is a landmark achievement.” (Geoffrey R. Stone, author of Perilous Times )

“An important and scary book.” (Larry Kramer )

“A terrific book. Generations of future readers of Dale Carpenter's powerful, enveloping narrative will shake their heads in disbelief that, until Lawrence v. Texas, civil rights stopped at the bedroom door.” (David Levering Lewis )

“Easily the best book of its kind since Richard Kluger’s Simple Justice was published in 1975, Flagrant Conduct is a rare combination of virtues. It is a gripping story of individuals fighting against systematic injustices intended for a general audience, but it is also a theoretically sophisticated work that represents an important contribution to legal scholarship.” (Scott Lemieux - lawyersgunsmoneyblog.com )

“Dale Carpenter has gifted us with a landmark book to dramatize a landmark case. Gripping and brilliantly researched, Flagrant Conduct takes us on a journey of hate and contempt, activism and dedication that finally led to the legalization of our right to love, to pursue intimate pleasures within the privacy of our homes. Everybody concerned about women’s rights, gay rights, civil rights and human rights will be informed and energized by this important splendid book.” (Blanche Wiesen Cook, author of Eleanor Roosevelt )

“... an exceptional book, in the tradition of Anthony Lewis’s Gideon’s Trumpet (1964), expertly guiding the reader from the moment of the arrest through the culminating oral argument in the Supreme Court. Flagrant Conduct is also a moving and deeply humane study of the law’s effect on ordinary people.” (The Nation )

“In his sinuous, elegant new book, Flagrant Conduct, Dale Carpenter... gives this landmark case the bold, intimate face it has long deserved, even as he conducts a captivating, forensic tour of its legal subterrain. The result, from its first pages, is a book that sets a benchmark for the writing of civil-rights history, a book with all the stirring social consciousness and staying power of Taylor Branch’s trilogy, America in the King Years.” (Kirk Swinehart - The Daily Beast )

“Carpenter brings to it all a novelist's gift for character and a dramatist's for scene. In the gripping chapter on the oral arguments at the Court, Paul Smith, the petitioners' counsel, is depicted as memorably as Gregory Peck in To Kill a Mockingbird .” (Tim Pfaff - The Bay Area Reporter )

“Superb and memorable…. Dale Carpenter’s assiduous unearthing of the case’s early history…highlights how every great constitutional decision owes its existence to obscure individuals whose crucial contributions proved more essential to the final outcome than anything in the legal briefs or oral arguments.” (David J. Grarrow - New Republic )

About the Author

Dale Carpenter is the Earl R. Larson Professor of Civil Rights and Civil Liberties Law at the University of Minnesota Law School. He lives in Minneapolis.

Product Details

  • Hardcover: 368 pages
  • Publisher: W. W. Norton & Company; 1 edition (March 12, 2012)
  • Language: English
  • ISBN-10: 0393062082
  • ISBN-13: 978-0393062083
  • Product Dimensions: 6.8 x 1.1 x 9.5 inches
  • Shipping Weight: 1.6 pounds (View shipping rates and policies)
  • Average Customer Review: 4.8 out of 5 stars  See all reviews (17 customer reviews)
  • Amazon Best Sellers Rank: #128,333 in Books (See Top 100 in Books)

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Customer Reviews

4.8 out of 5 stars
(17)
4.8 out of 5 stars
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Very well written. Mary K  |  9 reviewers made a similar statement
The back story on Laurence v. Texas ending the criminalization of sodomy in private. Michael D. Garbus  |  5 reviewers made a similar statement
It was perfect timing for me. Robert K. Johnson Jr.  |  2 reviewers made a similar statement
Most Helpful Customer Reviews
24 of 24 people found the following review helpful
5.0 out of 5 stars A Page Turning Examination March 14, 2012
Format:Hardcover
Back in 2003, the Supreme Court reversed a seventeen year long decision by affirming the right for a group of people to engage in consensual sexual conduct in the privacy of their own home. The decision was a moment of elation and celebration; the timing, coming on the heels of pride weekend across the country, fueled joy that the gay community had finally had the right to step out from under discriminatory laws. What was even more amazing, after reading Dale Carpenter's new book, "Flagrant Conduct", was how little did I know of the case that inspired this change in our country.

Although I'm not a lawyer, I've read quite a number of books on the Supreme Court, very interested in the nine people that make so many important decisions that affect our country. Carpenter's book is one of the best, for many reasons. Carpenter knows his audience. Throughout some potentially murky Constitutional waters, he doesn't ever get bogged down by legalese or technicalities that may lose the lay reader like myself. When warranted, he takes time out to explain issues in a clear, focused way that makes the issues at hand (equal protection, due process clause) truly understandable.

The tour de force of the book, however, happens early on in the book, examining the case itself. Interviewing John Lawrence and Tyrone Garner for the book, as well as various deputies, judges, and attorneys involved with the case. He shares everyone's insights equally, even ones that are particularly painful (from the arresting deputies). Although he allows people to speak for themselves, he also argues certain conclusions and findings equally as well. At the end of the day, we realize how little we actually know about what happened in Lawrence's apartment that night, and yet, it doesn't take one thing away from the impact of the case.

And when it comes to Associate Justice Anthony Kennedy's turn to read the outcome of this case, the decision, and the reaction is stunning. It truly was a hallmark day in the lives of gay and lesbian Americans across the country. This book is an examination and a celebration of the event, and I simply could not put it down. This is a must read.
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14 of 16 people found the following review helpful
5.0 out of 5 stars Definitive and engaging March 8, 2012
Format:Hardcover|Amazon Verified Purchase
This is the definitive book on a legal development of epic significance, reflecting much relevant research on the part of its resourceful author. In addition, the volume is beautifully written. A disturbing finding is that the two men were probably not having sex, and may never have. Nonetheless, the lawyers were able to use the incident to reshape the law.
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6 of 6 people found the following review helpful
5.0 out of 5 stars Threading the needle April 10, 2012
Format:Hardcover|Amazon Verified Purchase
There are so many layers of sizzle in Dale Carpenter's book, "Flagrant Conduct", that one might be hard pressed to have a favorite moment. This book, concerning the landmark "Lawrence v. Texas" case, is a terrific read for anyone interested in not only the recent history of sodomy laws in this country but how the United States Supreme Court works.

The author spends a fair amount of time revisiting the actually "crime" and focuses as much on the police officers who were involved in the search of John Lawrence's home in 1998 as he does with Lawrence and the other defendant, Tyron Garner. It's clear from the outset that Carpenter is firmly on the side of the defendants but this stance does not take away from the book...in fact, it adds to it, as he carefully educates the reader as to the specifics of the case.

"Flagrant Conduct" really catches fire as the case is laid out before the nine justices but this is preceded by several chapters outlining the reasons that "Lawrence v. Texas" might never have made it to the high court and how lawyers for the defendants had to be careful not to push too hard in its presentation. It's a fascinating build-up. When Paul Smith, arguing brilliantly for the defendants, matches up with Charles Rosenthal's inept and bumbling performance before the Supreme Court...well, it's no match at all as Carpenter points out. But it is not until Justice Anthony Kennedy reads his own opinion that we get to know the outcome and the author keeps this crescendo going right up to the last moment.

This is a deep and convincing look at not only how a bad law was overturned but how fragile the legal system is in getting it done. I highly recommend "Flagrant Conduct".
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Most Recent Customer Reviews
5.0 out of 5 stars Discriminating Conduct Undone
"Flagrant Conduct" is an impressive achievement and detailed examination of the Supreme Court case, Lawrence vs. Read more
Published 2 months ago by William Capodanno
4.0 out of 5 stars The Sham revealed
This is a good thorough examination of a great story. I had no idea what shenanigans had to happen to make this case. The good guys cooperated to twist the story. Read more
Published 3 months ago by fourdegreesc
5.0 out of 5 stars Reads like a novel
Well written, factual but reads like a novel. The back story on Laurence v. Texas ending the criminalization of sodomy in private.
Published 4 months ago by Michael D. Garbus
4.0 out of 5 stars Eloquently told story of this century's landmark gay rights case
I highly recommend this fascinating, well researched tale of the major 2003 U.S. Supreme Court decision condemning sodomy laws to the dust bin of history. Read more
Published 4 months ago by Eugene P. Sweeney
5.0 out of 5 stars An excellent read for every LGBT person
Understanding the history of the continuing battle for equal rights is important to me and many of the people I know. Read more
Published 4 months ago by D. Homewood
5.0 out of 5 stars Great treatment of a landmark case
I was very happy to read this book, and to understand the strategies and arguments behind both sides of this case. Read more
Published 5 months ago by Elizabeth
5.0 out of 5 stars Gay history up-close and personal.
Having just read "Dishonorable Passions" by William Eskridge I then came to Flagrant Conduct. It was perfect timing for me. Read more
Published 10 months ago by Robert K. Johnson Jr.
5.0 out of 5 stars A Highly Readable Yet Scholarly Work
This book reminds me that non-fiction can be as gripping as the best fiction. Carpenter takes a very scholarly approach to the case, including some rather detailed explanations of... Read more
Published 10 months ago by Robert B. Lamm
5.0 out of 5 stars How Our High Courts Work
A realistic analysis of the working of the US Supreme Court. Very well written. I would compare the quality of this book to Gideon's trumpet.
Published 11 months ago by Mary K
5.0 out of 5 stars A tremendous accomplishment
To say this book is well-written and well-researched would be to damn it with faint praise. So often, legal scholars like Dale Carpenter treat the law as an ethereal matter of the... Read more
Published 12 months ago by Daniel A. Nastoff
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