...to sodomy and relied upon a case from the European Union as persuasive authority for that result.3 After citing the case, Justice Anthony Kennedy, writing...circumscribing personal choice is somehow more legitimate or urgent.4 Thus, the question I want to address is whether the Court should use foreign or international...

...affirmation of the protected right of homosexual adults to engage in intimate, consensual conduct. The right the petitioners seek in this case has been...circumscribing personal choice is somehow more legitimate or urgent."57 Thus, the United States Supreme Court relied in part on foreign law to declare several states'...

...laws, based on standards set by the European Convention on Human Rights. Justice Anthony Kennedy wrote, "The right the petitioners seek in this case has been...in many other countries. There has been no showing result in greater commitment to a multilateral system."1 In the WEF's report on its 2002 annual meeting,...

...affirmation of the protected right of homosexual adults to engage in intimate, consensual conduct. The right the petitioners seek in this case has been...integral part of human freedom in many other countries." 50 Justice Scalia is withering in his criticism of this reliance on foreign authority: "The Court's...

...homosexual adults to engage in intimate, consensual conduct. The right the petitioners seek in this case nas been accepted as an integral part of human freedom in many other countries." 50 Justice Scalia is withering in his criticism of this reliance on foreign authority: 'The Court's...

...affirmation of the protected right of homosexual adults to engage in intimate, consensual conduct. . . . The right the petitioners seek in this case has been...circumscribing personal choice is somehow more legitimate or urgent.84 It is clear from this passage that the Supreme Court was persuaded by the norm established...

...majority in Lawrence that States could no longer regulate homosexual sodomy, at least in part, because "the right the petitioners seek in this case has been...integral part of human freedom in many other countries." With the clear trends in Europe, as well as in other countries like Canada, the same is now true (or...

...Constitution says nothing about gay rights, but Kennedy used foreign law to help fill in the gaps. "The right the petitioners seek in this case has been...integral part of human freedom in many other countries," he said. "There has been no showing that in this country 90 the governmental interest in circumscribing...

...The Court's opinion also noted with approval that "(t]he right the petitioners seek in [the Texas] case has been accepted as an integral part of human freedom in many other countries." 123 S. Ct. at 2483. Chapter 9 1. Patrick Hardin & John E. Higgins, Jr., eds. THE DEVELOPING LABOR LAW:...

...Anthony Kennedy cited cases from the European Court of Human Rights as evidence that homosexual sodomy "has been accepted as an integral part of human freedom in many other countries." Kennedy used this evidence to conclude that "[tlhere has been no showing that in this country the governmental...