They Call Me Eight Eyes: Hardwick's Respectability, Romer's Narrowness, and Same-Sex Marriage
Duncan, Richard F.
INTRODUCTION|The purpose of this Essay is to discuss two much-discussed decisions of the United States Supreme Court -Bowers v. Hardwick and Romer v. Evans - and to analyze the relevance of those decisions to the issue of same-sex marriage. Because my views on Romer and homosexual marriage have already been published elsewhere, the primary focus of this Essay will be on the contemporary significance of Justice Byron R. White's landmark opinion in Hardwick.|Hardwick is the Rodney Dangerfield of constitutional law, because at least in the legal academy "it don't get no respect." One of my favorite Rodney Dangerfield gags goes something like this: "I tell ya, I don't get no respect. When I was a kid they used to call me 'four eyes.'" Huh. Then I got glasses and they called me "eight eyes." Law professors like to call Hardwick "eight eyes." Professor William Eskridge calls Hardwick "the most uniformly criticized Supreme Court decision in my lifetime." But I am here to praise Hardwick...
32 Creighton L. Rev. 241 (1998-1999)
Creighton University School of Law