This seminar focuses on how the law addresses many of the most contested contemporary issues concerning sexual orientation. We will approach the material as an exercise in advanced constitutional law, exploring how courts have used--or might use--federal or state constitutional provisions to address issues regarding the criminalization of sodomy, anti-gay rights initiatives, the Boy Scouts, military recruiting on campus, gays in the military, and the marriage and parenting rights of same-sex couples. Special attention will be paid to the unfolding debate on same-sex marriage as a case study on the contested role of courts as engines of social change. We will maintain an interdisciplinary focus throughout as we look at how social, cultural, and political forces shape, and are shaped by, legal doctrine.
Students will write a final research paper.