GIVING HOMOSEXUALS THEIR DUE PROCESS

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Abstract:

This article looks at the Bowers v Hardwick case in which it was first ruled that there was no fundamental right to practice homosexual sodomy, and then overruled. The article also looks at how this case has influenced homosexual laws and galvanized a politically charged “lesbian and gay legal studies” genre in the US. It also suggests that the overruling was partly responsible for the growth of direct action AIDS social movements, as well as facilitated the growth of “queer theory” in legal discourse in the American academy. As a consequence, the overruling of Hardwick marks another moment of some considerable significance in American constitutional law and politics.
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  • Until 2007 the King's Law Journal was known as the King's College Law Journal. It was established in 1990 as a legal periodical publishing scholarly and authoritative Articles, Notes and Reports on legal issues of current importance to both academic research and legal practice. It has a national and international readership, and publishes refereed contributions from authors across the United Kingdom, from continental Europe and further afield (particularly Commonwealth countries and USA). The journal includes a Reviews section containing critical notices of recently published books.
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