> Really? That old semionaut Kennedy used lit theory to strike down the sodomy laws? How so?
Really. Kennedy writes in his opinion:
"The absence of legal prohibitions focusing on homosexual conduct may be explaining in part by noting that according to some scholars the concept of the homosexual as a dinstinct category of person did not emerge did not emerge until the late 19th century. See, e.g., The Invention of Heterosexuality 10 (1995); J. D'Emilio & E. Freedman, Intimate Matters: A History of Sexuality 121 (2nd ed. 1997) (The modern terms "homosexuality" and "heterosexuality" do not apply to an era that had not yet articulated these distinctions.")
This is cited in the larger context of knocking down Bowers and voiding sodomy laws.
One of the reasons promulgated for upholding the sodomy statute was that anti-queer legistlation had a long history in this country. Kennedy, citing critical theory among other things, blew that notion away for the falsehood it is.
Once in a while a Supreme gets it right.
Brian Dauth Queer Buddhist Resister