Below, please find the Solo and Small Firm Society’s tentative constitution and e-Board Application.
Key Facts– Here, Texas made it a crime to have intimate contact with members of the same sex. Lawrence appeals his conviction under the statute.
Issue– Does a statute prohibiting homosexual conduct violate the Due Process right to liberty?
Result– Law overturned
Reasoning– Sexual conduct and lifestyle choices related to it should be respected by the state. This is a part of the “realm of personal liberty which the government may not enter.” Further, there is no legitimate state interest that justifies this.
Key Facts– Colorado passed an amendment to its constitution to prevent the passage of laws protecting homosexual and bisexual people.
Issue– Is this a violation of Equal Protection?
Result– Amendment stricken
Reasoning– This law changes the legal status of homosexual and bisexual people as a group, preventing them from receiving any protection from discrimination, now or in the future. This desire to effectively harm a vulnerable group that is politically unpopular can never constitute a legitimate state interest.
Key Facts– A US statute determining whether or not the child of one US citizen parent and one non-US citizen parent was a US citizen imposed different requirements depending upon whether the mother or father was a US citizen.
Issue– Does this violate Equal Protection?
Result– Law affirmed
Reasoning– It’s easy to be certain of who a child’s mother is. It is much more difficult to be certain of paternity, especially when the parents are unmarried. From a practical biological standpoint, there are very real reasons for a legal difference in treatment.
Key Facts– Virginia Military Institute (VMI), a public military college, admitted only men. Virginia’s discrimination against women was ruled unconstitutional in the Fourth Circuit.
Issues– Does VMI’s exclusion of women violate Equal Protection? If so, what is the remedy?
Holding– Yes. The remedy is to end the exclusion.
Result– VMI opened to women
Reasoning– There is no “exceedingly persuasive justification” for the state discrimination here. Rational basis is not enough, given the long national history of discrimination against women.