Faculty Journal Articles and Book Chapters
Abstract
In his argument for an alternative conservative response to Romer v. Evans, the author outlines the majority and dissenting opinions in Evans to identify what he takes to be the decision's import. Next, he outlines some of the main themes of conservative political and legal thought, concentrating especially on Edmund Burke. He then argues the common conception of Burke as an intransigent defender of the status quo and of present traditions and practices is a misreading of him. Finally, he discusses the conservative underpinnings for Evans in light of this intellectual history, with an emphasis on the profoundly conservative instincts revealed in the Court's opinion and also on the ways in which Evans addresses fears expressed by the Framers, most notably James Madison.
Publication Title
Indiana Law Journal
Document Type
Article
Keywords
Romer v. Evans, Supreme Court, state laws, Edmund Burke, Burkean conservatism, discrimination – gays, civil rights – homosexuals, 14th amendment, equal protection
Recommended Citation
Dale Carpenter, A Conservative Defense of Romer v. Evans, 76 Ind. L.J. 403 (2001)
Included in
Civil Rights and Discrimination Commons, Fourteenth Amendment Commons, Supreme Court of the United States Commons