February 16, 2004

LAST YEAR, CONSERVATIVES responded to Lawrence v. Texas—in which the Supreme Court struck down all 13 state anti-sodomy statutes and overruled Bowers v. Hardwick, the infamous 1986 case that denied “a fundamental right to engage in homosexual sodomy”—with dire warnings that the decision would open the floodgates to radical social changes, including the advent of gay marriage.

February 09, 2004

RETIRED GENERAL Wesley Clark has faced many enemies in his career, from the Viet Cong to Slobodan Milosevic. At last week’s Democratic debate in New Hampshire, however, Clark was ambushed by an unexpected foe. ABC News anchor Peter Jennings took the general to task for staying silent while liberal filmmaker—and Clark supporter—Michael Moore labeled President Bush a “deserter” at a campaign rally. “That’s a reckless charge not supported by the facts,” Jennings admonished Clark, all but demanding that he exhibit “a better example of ethical behavior” by repudiating the claim. An off-guard Clark

Federal Appeal
December 21, 2003

From 2003, Cass Sunstein commends the Massachusetts Supreme Judicial Court’s ruling striking down a gay marriage ban.

Immodest Proposal
December 21, 2003

Jeffrey Rosen: Massachusetts gets it wrong on gay marriage.

Eyes Wide Shut
July 07, 2003

As most readers of this magazine are aware, back in May Democrats in the Texas legislature fled the Lone Star State for several days to prevent an unprecedented GOP effort to gerrymander congressional districts just two years after a census-mandated redistricting.

Shipping News
July 07, 2003

On May 20, Tom Ridge was breezing through testimony before the House Select Committee on Homeland Security, successfully parrying questions on funding for first responders, porous border security, and the role his department played in tracking down fugitive Texas Democrats. That is, until Massachusetts Representative Ed Markey began to query the secretary. What, Markey wanted to know, did Ridge plan to do about the safety of commercial air cargo? “Twenty-two percent of all air cargo in the United States is placed upon passenger planes,” Markey intoned.

July 07, 2003

UNDERRATED Jonathan Chait makes a compelling argument for the Bush administration’s mendacity in pushing through a regressive tax cut on the federal level (“Race to the Bottom,” June 2). But he left out the major way this tax cut will hurt low- and middle-income taxpayers. Because the tax cut will reduce federal revenue, and thus cut funds the federal government can send to state and local governments, the states will inevitably raise their own tax rates, especially through increases in notoriously regressive state sales and income taxes.

Light Footprint
July 07, 2003

In the months leading up to the Supreme Court decision on affirmative action, it was hard not to feel a sense of dread. At other great moments of constitutional drama—the decision to reaffirm Roe in 1992 and to settle the presidential election of 2000—the justices had allowed an inflated sense of their own importance to distort their judgment and compromise their reasoning.

Ripple Effect
June 23, 2003

In the next two weeks, the Supreme Court will rule, in Lawrence v. Texas, on the constitutionality of Texas's law criminalizing consensual homosexual sodomy. The case involves the arrests and convictions of John Lawrence and Tyron Garner, who were discovered having sex in Lawrence's bedroom when police responded to a false report by a neighbor that a man was "going crazy" in the apartment. The two men were arrested, convicted, fined, and jailed.

May 05, 2003

SUPREME CANT “If the Supreme Court says that you have the right to consensual [gay] sex within your home, then you have the right to bigamy, you have the right to polygamy, you have the right to incest, you have the right to adultery. You have the right to anything.” Thus pronounced Republican Senator Rick Santorum of Pennsylvania this week in an interview with an Associated Press reporter. It’s hard to characterize Santorum’s remarks as anything other than those of a homophobic bigot; but, rest assured, Santorum’s staff has tried.