영문목차
Table of Principal Cases=xiii
Preface=xv
Chapter 1. Terminology=3
A. The Meaning of "Sexual Orientation"=4
Problem 1-A. No Adoption by Homosexuals!=4
Department of Health & Rehabilitative Services v. Cox=5
Meinhold v. United States Department of Defense=7
10 U.S.C. §654(1993)=11
Conaway v. Deane=12
Lawrence v. Texas=14
Hernandez v. Robles=14
In re Marriage Cases=15
Notes and Questions=16
B. The Meaning of "Sex" or "Gender"=18
Problem 1-B. "One Man, One Woman"=18
Littleton v. Prange=18
In re Heilig=26
Notes and Questions=34
C. The Meaning of "Sodomy"=35
Problem 1-C. Prosecuting "Crimes against Nature"=35
Warner v. State=36
Franklin v. State=37
Virgin v. State=39
State v. Stiller=40
Notes and Questions=41
Chapter 2. Procedural Obstacles to Adjudication on the Merits=45
A. Justiciability=46
1. Standing=46
Problem 2-A. I Can't Stand This Denial of Rights!=46
a. Standing Generally=46
U.S. Constitution, Article III, §2=46
Valley Forge Christian College v. Americans United for Separation of Church & State, Inc.=47
Hardwick v. Bowers=49
Smelt v. County of Orange=52
Finstuen v. Crutcher=55
Notes and Questions=59
b. Organizational Standing=60
Irish Lesbian & Gay Organization v. Giuliani=60
Notes and Questions=63
c. Standing to Appeal=64
Problem 2-B. Declining to Defend=64
Arizonans for Official English v. Arizona=64
Perry v. Brown=65
Notes and Questions=71
2. Mootness=73
Problem 2-C. Moot Court?=73
Friends of the Earth, Inc. v. Laidlaw Environmental Services(TOC), Inc.=73
Federal Election Commission v. Wisconsin Right to Life, Inc.=75
Irish Lesbian & Gay Organization v. Giuliani=78
Log Cabin Republicans v. United States=78
Notes and Questions=81
3. Facial vs. As-Applied Challenges=82
Los Angeles Police Department v. United Reporting Publishing Corp.=82
United States v. Lemons=84
Notes and Questions=86
B. Abstention=87
1. Younger Abstention=87
Younger v. Harris=87
Baker v. Wade=91
Notes and Questions=92
2. Pullman Abstention=92
Problem 2-D. Justice Delayed...=92
Railroad Commission of Texas v. Pullman Co.=92
Smelt v. County of Orange=94
Notes and Questions=97
C. The Precedential Value of Summary Decisions=98
Hicks v. Miranda=99
Hardwick v. Bowers=100
In re Kandu=103
Wilson v. Ake=105
Notes and Questions=106
D. Supreme Court Review of State Court Decisions=108
Problem 2-E. I'll See You in the Supreme Court(or Will I?)=108
Michigan v. Long=109
Notes and Questions=112
E. Jurisdiction Stripping=113
Problem 2-F. Checks and Balances=113
U.S. Constitution, Article I, §8, cl. 9=114
U.S. Constitution, Article III=114
Sheldon v. Sill=114
Ex parte McCardle=115
Notes and Questions=117
Chapter 3. (Substantive) Due Process=119
A. Introduction=119
Washington v. Glucksberg=120
Notes and Questions=124
B. The Contraception and Abortion Rights Cases=126
Griswold v. Connecticut=126
Eisenstadt v. Baird=138
Notes and Questions=143
Roe v. Wade=145
Notes and Questions=158
C. The First Sodomy Case=159
Bowers v. Hardwick=159
Notes and Questions=171
E. The In-Between Years=173
Planned Parenthood of Southeastern Pennsylvania v. Casey=174
Washington v. Glucksberg=179
Notes and Questions=181
F. The Second Sodomy Case=182
Lawrence v. Texas=182
Notes and Questions=197
G. A Closer Look at Lawrence=198
Problem 3-A. Scoping Out Lawrence's Scope=198
Williams v. Attorney General of Alabama=199
Williams v. Morgan=210
Reliable Consultants, Inc. v. Earle=211
United States v. Marcum=214
Singson v. Commonwealth of Virginia=219
State v. Lowe=223
State v. Holm=226
Notes and Questions=230
Chapter 4. Equal Protection=235
A. Background=235
Federal Communications Commission v. Beach Communications, Inc.=238
Adarand Constructors, Inc. v. Peña=242
Kramer v. Union Free School District No. 15=247
Notes and Questions=250
B. The Sex and Legitimacy Cases=256
Reed v. Reed=256
Weber v. Aetna Casualty & Surety Co.=258
Notes and Questions=260
Frontiero v. Richardson=260
Notes and Questions=265
C. The "Second Order" Rational Basis Cases=269
United States Department of Agriculture v. Moreno=269
City of Cleburne v. Cleburne Living Center, Inc.=274
Notes and Questions=282
D. The Gay & Transgender Rights Cases=284
1. The Argument for Heightened Scrutiny=284
Watkins v. United States Army=284
High Tech Gays v. Defense Industrial Security Clearance Office=297
Holloway v. Arthur Andersen & Co.=301
Brown v. Zavaras=303
Notes and Questions=304
2. A Subset of Sex Discrimination?=305
Baker v. State=305
Glenn v. Brumby=307
Notes and Questions=311
3. Second Order Rational Basis Review?=313
Romer v. Evans=313
Lawrence v. Texas=326
Notes and Questions=331
Problem 4-A. Domestic Partnership Benefits=335
Kansas v. Limon=335
Doe v. Jindal=345
Diaz v. Brewer=347
Notes and Questions=350
4. True Rational Basis Review?=352
Equality Foundation of Greater Cincinnati, Inc. v. City of Cincinnati=352
Citizens for Equal Protection v. Bruning=359
Problem 4-B. Affirmative Action for Sexual Minorities=362
Irizarry v. Board of Education of the City of Chicago=363
Notes and Questions=367
Chapter 5. Due Process and Equal Protection in Tandem : Marriage, Parenting, and Public Employment=371
A. Introduction=371
B. Marriage=372
1. The Foundational Marriage Cases=372
Loving v. Virginia=373
Notes and Questions=378
Zablocki v. Redhail=379
Turner v. Safley=386
Notes and Questions=390
2. The First Same-Sex Marriage Case=391
Baker v. Nelson=391
Notes and Questions=393
3. The Modern Same-Sex Marriage Cases=394
a. The Nature of the Classification=395
Baehr v. Lewin=395
Hernandez v. Robles=397
In re Marriage Cases=398
Conaway v. Deane=401
Notes and Questions=402
b. Is It "Rational" to Deny Same-Sex Couples the Right to Marry?=403
Goodridge v. Department of Public Health=403
Hernandez v. Robles=412
Notes and Questions=413
c. Are Laws Banning Same-Sex Marriage Subject to Strict Scrutiny because They Infringe upon a Fundamental Right?=414
Problem 5-A. The "Fundamental Right" to Marry=414
Baehr v. Lewin=415
Hernandez v. Robles=416
In re Marriage Cases=417
Notes and Questions=421
d. Is Sexual Orientation a Suspect Classification, thus Requiring Heightened Equal Protection Scrutiny of Laws Banning Same-Sex Marriage?=422
Kerrigan v. Commissioner of Public Health=422
Notes and Questions=432
e. Is the Difference between Granting Same-Sex Couples "Marriage" Rights versus Its Functional Equivalent Constitutionally Significant?=433
Lewis v. Harris=433
Kerrigan v. Commissioner of Public Health=435
In re Marriage Cases=437
Notes and Questions=438
f. Does Taking Away Marriage Rights for Same-Sex Couples via the Referendum Process Create an Independent Equal Protection Claim?=440
Problem 5-B. The People's Choice=440
Perry v. Brown=441
Notes and Questions=453
g. The Defense of Marriage Act=454
Letter from Eric H. Holder, Attorney General of the United States, to John A. Boehner, Speaker of the U.S. House of Representatives=455
Commonwealth of Massachusetts v. United States Department of Health and Human Services=457
Franchise Tax Board of California v. Hyatt=464
Wilson v. Ake=465
Notes and Questions=466
C. Parenting=467
Problem 5-C. Best Interests of the Embryo=467
Lofton v. Secretary of the Department of Children & Family Services=468
Lofton v. Secretary of the Department of Children & Family Services=479
Notes and Questions=487
D. Public Employment=489
Witt v. Department of the Air Force=489
Cook v. Gates=500
Notes and Questions=507
Chapter 6. The First Amendment=513
A. Background=513
B. Hate Crimes and Hate Speech=514
Problem 6-A. I Hate You!=514
Problem 6-B. Evidence That I Hate You!=515
Virginia v. Black=515
Snyder v. Phelps=520
Wisconsin v. Mitchell=524
Notes and Questions=527
C. Freedom of Expressive Association=531
Problem 6-C. Play Ball!=531
Roberts v. United States Jaycees=532
Hurley v. Irish-American Gay, Lesbian & Bisexual Group of Boston=537
Boy Scouts of America v. Dale=542
Notes and Questions=546
D. Government Employment=551
Problem 6-D. To Whom It May Concern...=553
Shahar v. Bowers=553
Dixon v. University of Toledo=561
Piggee v. Carl Sandburg College=565
Notes and Questions=568
E. The Public School Environment=571
Problem 6-E. You Are So Gay!=572
Fricke v. Lynch=572
Doe v. Yunits=577
Zamecnik v. Indian Prairie School District No. 204=581
Notes and Questions=587
F. Freedom to Speak Anonymously=590
John Doe No. 1 v. Reed=591
Notes and Questions=595
G. Don't Ask, Don't Tell and Sodomy Laws Revisited=596
Cook v. Gates=596
Singson v. Commonwealth of Virginia=605
Notes and Questions=609