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...legal changes wrought by Lawrence have been considerable. Both the Massachusetts and California marriage cases, for instance, cite Lawrence. So have cases in Alabama involving sex toys and in Florida involving gay adoptions, and just last month, a Ninth Circuit Court of Appeals decision cited Lawrence in holding for the first time that the military's exclusion of openly gay members must be based on more than simple moral disapproval of homosexuals. That case has been sent back to lower courts for further proceedings, but is already seen as a major challenge to the "don't ask, don't tell...

Author: /time Magazine | Title: The Court's Gay Rights Legacy | 6/28/2008 | See Source »

Just one day after Lawrence, and in light of the ruling, the Kansas Supreme Court ordered reconsideration of a case involving an 18-year-old who had been sentenced to prison for 17 years for initiating oral sex on a 14-year-old boy. If the younger boy had been a girl, state law would have capped the 17-year-old's sentence to 15 months under the so-called "Romeo and Juliet" provision like the ones found in many states. In 2005, the case reached the Kansas high court, which ruled that the sentence was unconstitutional, and, citing Lawrence...

Author: /time Magazine | Title: The Court's Gay Rights Legacy | 6/28/2008 | See Source »

...Texas will likely only grow, say the lawyers involved in the arguments five years ago. "What Lawrence really means is that it is no longer enough to simply disapprove of conduct for the majority to make it a crime," says Paul Smith, the attorney who had argued before the court urging it to strike down the sodomy statutes...

Author: /time Magazine | Title: The Court's Gay Rights Legacy | 6/28/2008 | See Source »

Scalia was indeed apocalyptic back in 2005. "It is clear from this that the Court has taken sides in the culture war, departing from its role of assuring, as neutral observer, that the democratic rules of engagement are observed," he wrote. "Many Americans do not want persons who openly engage in homosexual conduct as partners in their business, as scoutmasters for their children, as teachers in their children's schools, or as boarders in their home. They view this as protecting themselves and their families from a lifestyle that they believe to be immoral and destructive...

Author: /time Magazine | Title: The Court's Gay Rights Legacy | 6/28/2008 | See Source »

...work" and "cut taxes." Much to the dismay of many liberals, Obama supported the bipartisan compromise worked out this week on so-called FISA legislation that allows the Bush Administration to continue its wiretapping program. Obama was also conspicuously centrist, even conservative, in his reaction to two major Supreme Court rulings this week - the first disallowing the death penalty in cases of child rape, and the second affirming that the Second Amendment guarantees individuals the right to own guns for self-defense. Obama criticized the first decision, saying he supports the death penalty for such a heinous crime; his response...

Author: /time Magazine | Title: The Week in Politics | 6/28/2008 | See Source »

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