Mirror of Justice

A blog dedicated to the development of Catholic legal theory.
Affiliated with the Program on Church, State & Society at Notre Dame Law School.

Sunday, October 23, 2005

Limon v. Kansas: Response to Rick

In his response to Rob's posting, Rick writes:

[I]t seems to me that more than "hatred of 'the other'" might underly a view that homosexual conduct among teenagers is more of a concern to the public authority than heterosexual conduct among teenagers.

But the proper constitutional analysis does not stop there.  The question is whether any of the (non-hating) rationales for the differential treatment in question is plausible.  I cannot myself discern any plausible such rationale.  If you can, Rick, then we have the beginning of a conversation.  I'm not surprised that the decision in Limon v. Kansas was unanimous.
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