Document Type
Article
Publication Date
1993
Publication Information
84 Soc. Just. Rev. 132 (1993).
Abstract
No need to lament the fate of Mr. Dysart, who does seem to have been a well-intentioned fellow.
The point of relating Dysart's travails is to bring to life, through one illustration, the American legal and constitutional tradition governing sexual immorality, from the founding until the 1960's.
Dysart's lawyers made no constitutional claim. The Supreme Court raised none of its own. The Justices did not even question their prior test for "obscenity." They simply declared that Dysart remained on its safe side, that as a matter of law the notices were not obscene.
I agree with the Supreme Court's conclusion. More important, its basic analytical framework is not only an apt illustration of the tradition. It is the philosophical background necessary to argue against the gay rights revolution in public policy now.
Recommended Citation
Gerard V. Bradley,
Homosexuality and Public Policy,
84 Soc. Just. Rev. 132 (1993)..
Available at:
https://scholarship.law.nd.edu/law_faculty_scholarship/1865