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Bowers v. Hardwick
5-4
Anti-Sautomie Laws Discriminate Against Gay People
Justice Stevens' dissent focuses on how existing jurisprudence indicates that anti-sautomie laws functionally discriminate against gay people. This is more of an equal protection argument rather than a substantive due process argument, which the majority is talking about. When we say a law discriminates, you know, discrimination has sort of a pejorative meaning, but legally it doesn't have to, right?
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