The future of sodomy
Originally published in Fordham Urban Law Journal, vol. 32, no.2 (March 2005), pp.197-229.
This article is based on a talk given at the plenary session on Lawrence v. Texas at the 2003 Lavender Law Conference held at Fordham Law School. It takes its cue from Justice Holmes that law is about prediction, and scours Lawrence for indications about sodomy’s future. Specifically, what in Lawrence might benefit sex? What in Lawrence might confirm or disrupt hetero- and homosexual identities? This article celebrates Lawrence as a victory, but cautions against ignoring a handful of danger signs for sexual practices and categories.
32 Fordham Urb. L.J. 197 (2005).