Customer Reviews

The Sodomy Cases: Bowers V. Hardwick and Lawrence V. Texas (Landmark Law Cases & American Society)

5 star:		(0)
4 star:		(0)
3 star:		(1)
2 star:		(0)
1 star:		(0)

 

 

This is somewhat of a rambling account of the "Sodomy Cases," namely Bowers v. Hardwick and Lawrence v. Texas. An ironic name given the latter case reminds us that these cases are not about a particular sex act alone, but the right of privacy, equality and liberty for homosexuals and others that goes beyond "sodomy" itself. Or, as the author notes here, freedom over one's intimate life.

The first fifty or so pages of this under 200 page book rambles on about U.S. history before the mid-1900s and not just about homosexuality. This is so because a core argument is that a true understanding of rights of homosexuals requires one to recognize that the discrimination involved is intimately connected to discrimination by race (slavery) and gender. In fact, the total control of slavery underlines the importance of freedom over one's own life. And, protection (and protest) in those areas led to developments in this one. Ditto as to religious freedom (also a part of individual choice).

This is an important part of the picture, but it is not the only part. The limiting nature of all of this is underlined by the failure even to mention Louis Brandeis and his role in the recognition of a right to privacy. The book does touch upon how the Founding Fathers believed in privacy too, but even a few pages on Brandeis etc. would have been helpful. Ditto talk about the Third and Fourth Amendments. On this front, the 'landmark law cases' book on Griswold v. Connecticut is much more complete. The author here does make a wise choice to remind that the obscenity cases were important in that they made discussion of sexual issues truly possible, when it used to be talking about contraceptives was deemed obscene. But, this doesn't warrant skipping over some privacy details.

The book basically covers (in two freestanding chapters) pre-Bowers Supreme Court history in any detailed way only by covering Griswold and Roe. If somewhat incomplete (White's focus on fetal life, e.g., is ignored), the book picks up speed here (I found the first chapter hard to read, at times it felt like some graduate school essay). Unfortunately, the book does not really deal with pre-Bowers legal controversies involving gays. Since Laurence Tribe, the attorney of Bowers, alone had one case in front of the Supreme Court involving gays, this is unfortunate. The book does a better job filling in the blanks between Bowers and Lawrence, though skimps on state involvement. Instead of having two chapters to cover Griswold/Roe, some of this should have been covered. The post-Lawrence material is satisfactory. He also does a good job discussing things like the briefs in Bowers and Lawrence.

The book also is good in that it does not fail to criticize when warranted, though again it sometimes is lax in doing so. For instance, Professor Ely is criticized for his limited defense of judicial review, but in "Democracy and Distrust," he specifically talked about the importance of protection homosexuals ... this c. 1980. Facts like that the clerk who worked on Blackmun's dissent in Bowers is a lesbian also might have be useful. Ditto Justice Kennedy's earlier respect for homosexuals in opinions he was involved in as an appellate judge.

Overall, though it is a useful book overall, I was disappointed as compared to some other books in the series. Other books cover this ground better. But, especially if you skim over the first chapter, you might find it useful.