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View Diary: SCOTUS Gets It Right on Military Recruiting (212 comments)

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  •  asdf (none)
    I believe Brennan and Marshall were both on the Court when <Bowers</i> (the case which criminalized gay sodomy) was decided.  There were no friends to gays.
    •  That's correct... (none)
      but Brennan and Marshall both dissented.  Bowers was a 5-4 decision, which Justice Powell later said that he deeply regretted.
    •  Excuse me (none)
      Brennan, Marshall, Blackmun, and Stevens dissented from that case.  Brennan and Marshall also dissented from a similar case on sodomy in 1976.

      Brennan and Marshall in 1985 wanted to take a case regarding the discrimination of a public school teacher who was fired for being a lesbian.  When the Court passed over the case, Brennan wrote a stinging dissent saying that discrimination against sexual orientation had no rational purpose, and either strict or intermediate scrutiny should be applied.  Many lower courts have quoted that dissent for decisions.  

      Brennan dissented in 1967 from a case where the INS was allowed to deport gays.

      No friends to gays?  I think not.

    •  Bowers did NOT criminalize (none)
      homosexual sodomy.  It simply said that it is not a protected right and states could choose to legislate in the area if they want to, but certainly they don't have to.

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