Dale Carpenter (born December 27, 1966) is an American legal commentator and Professor of Law at the SMU Dedman School of Law. [1] He formerly served as the Earl R. Larson Professor of Civil Rights and Civil Liberties Law at the University of Minnesota Law School for sixteen years. [2] As a professor, Carpenter specializes in constitutional law, the First Amendment, Due Process and Equal Protection clauses, sexual orientation and the law, and commercial law.
Carpenter is a frequent speaker on issues surrounding same-sex marriage. Outside of traditional legal academic circles, he also wrote a regular column, "OutRight", for several gay publications across the United States. [3] He is a regular contributor to the Independent Gay Forum as well as the weblog "The Volokh Conspiracy" and is regularly cited in the American media.
Carpenter teaches and writes in the areas of constitutional law, the First Amendment, and sexual orientation and the law. In 2007, he was appointed the Earl R. Larson Professor of Civil Rights and Civil Liberties Law. He was the Julius E. Davis Professor of Law for 2006-07 and the Vance K. Opperman Research Scholar for 2003-04. Professor Carpenter was chosen the Stanley V. Kinyon Teacher of the Year for 2003-04 and 2005–06 and was the Tenured Teacher of the Year for 2006-07. Since 2004, he has served as an editor of Constitutional Commentary.
Carpenter received his B.A. degree in history, magna cum laude, from Yale College in 1989. He received his Juris Doctor, with honors, from the University of Chicago Law School in 1992. At the University of Chicago he was Editor-in-Chief of the University of Chicago Law Review. He received both the D. Francis Bustin Prize for excellence in legal scholarship and the John M. Olin Foundation Scholarship for Law & Economics. Carpenter clerked for The Honorable Edith H. Jones of the United States Court of Appeals for the Fifth Circuit from 1992 to 1993. After his clerkship, he practiced at Vinson & Elkins in Houston and at Howard, Rice, Nemerovski, Canady, Falk & Rabkin in San Francisco. He is a member of the state bars of Texas and California.
He is a frequent television, radio, and print commentator on constitutional law, the First Amendment, and sexual orientation and the law.
Carpenter considers himself a libertarian-leaning conservative. [4] He is noted for his scholarship on same-sex rights in the United States. He co-authored an Amicus brief for Lawrence v. Texas (2003) on behalf of the Republican Unity Coalition, a gay-straight Republican organization.
He won a Lambda Literary Award in 2013 for Flagrant Conduct: The Story of Lawrence v. Texas, in the category of LGBT Non-Fiction. [5]
In July, 2016, Professor Carpenter joined nearly two-dozen other academics and politicians signing a letter urging Donald Trump supporters to reconsider their likely votes in the November 2016 election. [6] Other signatories to the letter included David Blankenhorn, founder of the Institute for American Values, Professor John J. DiIulio, Jr. of the University of Pennsylvania, and former Republican congressman Mickey Edwards.
Romer v. Evans, 517 U.S. 620 (1996), is a landmark United States Supreme Court case dealing with sexual orientation and state laws. It was the first Supreme Court case to address gay rights since Bowers v. Hardwick (1986), when the Court had held that laws criminalizing sodomy were constitutional.
Lawrence v. Texas, 539 U.S. 558 (2003), was a landmark decision of the U.S. Supreme Court in which the Court ruled that sanctions of criminal punishment for those who commit sodomy are unconstitutional. The Court reaffirmed the concept of a "right to privacy" that earlier cases, such as Roe v. Wade, had found the U.S. Constitution provides, even though it is not explicitly enumerated. The Court based its ruling on the notions of personal autonomy to define one's own relationships and of American traditions of non-interference with private sexual decisions between consenting adults.
The availability of legally recognized same-sex marriage in the United States expanded from one state (Massachusetts) in 2004 to all fifty states in 2015 through various court rulings, state legislation, and direct popular votes. States each have separate marriage laws, which must adhere to rulings by the Supreme Court of the United States that recognize marriage as a fundamental right guaranteed by both the Due Process Clause and the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution, as first established in the 1967 landmark civil rights case of Loving v. Virginia.
This is a list of notable events in the history of LGBT rights that took place in the year 1998.
Eugene Volokh is a Ukrainian-American legal scholar known for his scholarship in American constitutional law and libertarianism as well as his prominent legal blog The Volokh Conspiracy. He is the Gary T. Schwartz Professor of Law at the UCLA School of Law, and is an academic affiliate at the law firm Mayer Brown.
This is a list of notable events in the history of LGBT rights that took place in the year 2005.
The Volokh Conspiracy is a blog co-founded in 2002 by law professor Eugene Volokh, covering legal and political issues from an ideological orientation it describes as "generally libertarian, conservative, centrist, or some mixture of these." It is one of the most widely read and cited legal blogs in the United States. The blog is written by legal scholars and provides discussion on complex court decisions.
Patrick Errol Higginbotham is an American judge and lawyer who serves as a Senior United States Circuit Judge of the United States Court of Appeals for the Fifth Circuit.
Lesbian, gay, bisexual and transgender (LGBT) rights in the United States have increased significantly over time, and are socially liberal relative to most other nations. However, LGBT people in the U.S. may face some legal challenges not experienced by non-LGBT residents. Until 1962, all 50 states criminalized same-sex sexual activity, but by 2003 all remaining laws against same-sex sexual activity had been invalidated. Beginning with Massachusetts in 2004, LGBT Americans had won the right to marry in all 50 states by 2015. Additionally, in many states and municipalities, LGBT Americans are explicitly protected from discrimination in employment, housing, and access to public accommodations. However, in 2022, more than 300 bills have been introduced or passed in 36 states to restrict the rights of LGBT people.
Diane Pamela Wood is an American attorney and jurist who serves as a United States Circuit Judge of the United States Court of Appeals for the Seventh Circuit, and a senior lecturer at the University of Chicago Law School.
Lesbian, gay, bisexual and transgender (LGBT) rights in Malta are of the highest standards, even by comparison to other European countries. Throughout the late 20th and early 21st centuries, the rights of the LGBT community received more awareness and same-sex sexual activity was legalized in 1973, with an equal age of consent.
SMU Dedman School of Law, commonly referred to as SMU Law School or Dedman School of Law is a law school located in Dallas, Texas. It was founded in February 1925. SMU Law School is located on the campus of its parent institution, Southern Methodist University.
The Republican Unity Coalition (RUC) was an organization of the United States Republican Party created as an outgrowth of the George W. Bush campaign in the 2000 presidential election. Formed by Bush family friend Charles Francis, it described itself a "grasstops" organization with a Board of Advisors that included the late former President Gerald Ford, former U.S. Senator Alan K. Simpson of Wyoming, philanthropist and banker David Rockefeller, and Mary Cheney, daughter of the former Vice President, and former U.S. Senator John Danforth of Missouri.
William Nichol Eskridge Jr. is the John A. Garver Professor of Jurisprudence at Yale Law School. He is one of the most cited law professors in America, ranking fourth overall for the period 2016–2020. He writes primarily on constitutional law, legislation and statutory interpretation, religion, marriage equality, and LGBT rights.
This is a list of events in 2011 that affected LGBT rights.
Lesbian, gay, bisexual, and transgender (LGBT) persons in the U.S. state of Hawaii enjoy the same rights as non-LGBT people. Same-sex sexual activity has been legal since 1973; Hawaii being one of the first six states to legalize it. In 1993, a ruling by the Hawaiʻi Supreme Court made Hawaii the first state to consider legalizing same-sex marriage. Following the approval of the Hawaii Marriage Equality Act in November 2013, same-sex couples have been allowed to marry on the islands. Additionally, Hawaii law prohibits discrimination on the basis of both sexual orientation and gender identity, and the use of conversion therapy on minors has been banned since July 2018. Gay and lesbian couples enjoy the same rights, benefits and treatment as opposite-sex couples, including the right to marry and adopt.
Lesbian, gay, bisexual, and transgender (LGBT) persons in the U.S. state of North Carolina may face legal challenges not experienced by non-LGBT residents, or LGBT residents of other states with more liberal laws.
Lesbian, gay, bisexual, and transgender (LGBT) persons in the U.S. state of South Carolina may face some legal challenges not experienced by non-LGBT residents. Same-sex sexual activity is legal in South Carolina. Same-sex couples and families headed by same-sex couples are eligible for all of the protections available to opposite-sex married couples. However, discrimination on the basis of sexual orientation and gender identity is not banned statewide.
LGBT employment discrimination in the United States is illegal under Title VII of the Civil Rights Act of 1964; employment discrimination on the basis of sexual orientation or gender identity is encompassed by the law's prohibition of employment discrimination on the basis of sex. Prior to the landmark cases Bostock v. Clayton County, Georgia and R.G. & G.R. Harris Funeral Homes Inc. v. Equal Employment Opportunity Commission (2020), employment protections for LGBT people were patchwork; several states and localities explicitly prohibit harassment and bias in employment decisions on the basis of sexual orientation and/or gender identity, although some only cover public employees. Prior to the Bostock decision, the Equal Employment Opportunity Commission (EEOC) interpreted Title VII to cover LGBT employees; the EEOC determined that transgender employees were protected under Title VII in 2012, and extended the protection to encompass sexual orientation in 2015.
Masterpiece Cakeshop v. Colorado Civil Rights Commission, 584 U.S. ___ (2018), was a case in the Supreme Court of the United States that dealt with whether owners of public accommodations can refuse certain services based on the First Amendment claims of free speech and free exercise of religion, and therefore be granted an exemption from laws ensuring non-discrimination in public accommodations—in particular, by refusing to provide creative services, such as making a custom wedding cake for the marriage of a gay couple, on the basis of the owner's religious beliefs.