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2. How ought the judiciary to have dealt with questions pertaining to homosexuality (including Obergefell)? What are we to make ofthe fears expressed by Justice
2. How ought the judiciary to have dealt with questions pertaining to homosexuality (including Obergefell)? What are we to make ofthe fears expressed by Justice White in Bowers v. Hm'dwt'ck about the further implications of striking down sodomy laws on privacy grounds? Does a consistent application ofthe principle established in Lawrence v. Texas (overruling Bowers) entail the invalidation of all laws regulating activities of consenting adults in private spaces, and if so, for what reasons might that outcome be good or bad? Would it have been better to categorize gay rights questions under the heading of equal protection? Explain how an equal protection rationale would differ from a privacy rationale
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