by blackbootz

The story told in Lawrence v. Texas was a story of sexual privacy, personal dignity, intimate relationships, and shifting notions of family in America. By the time the tale poured from Justice Anthony Kennedy’s pen, in his decisive majority opinion, it was even about the physical dimension of love: “When sexuality finds overt expression in intimate conduct with another person, the conduct can be but one element in a personal bond that is more enduring.” The opinion used the word “relationship” eleven times.

That is the story that Dale Carpenter, a professor at the University of Minnesota Law School, seeks to untell in his important new book, “Flagrant Conduct” (Norton), a chronicle that peels the Lawrence case back through layers of carefully choreographed litigation and tactical appeals, back to the human protagonists we never really got to know, and back again through centuries of laws criminalizing “unnatural” sexual activity. What if, Carpenter asks, this weren’t a story about love, or even sex? What if, in the end, Lawrence v. Texas was less a whodunnit than a who didn’t? And, if there was no sex, let alone an intimate relationship, in John Lawrence’s apartment that night, how did the case come to be about both?

It's typical that civil rights advocates shop for appropriate plaintiffs--they've been doing it since at least Plessy v. Ferguson. However it's great to hear "the story behind the story".