NEW YORK - Lambda Legal saluted the long and distinguished career of Justice John Paul Stevens, 89, who announced today that he will retire after the current Supreme Court session ends, and what his leadership on civil rights has meant for the gay community.
"The LGBT community owes much to Justice Stevens. He has been a strong, clear, and consistent voice for the rights of gay people and other minorities, the disabled, reproductive freedom, and free speech," said Jon Davidson, legal director at Lambda Legal.
"Justice Stevens is a true visionary and in recent years has too often had to write in dissent. His dissent in Bowers v. Hardwick was later relied upon by the Supreme Court when it struck down all remaining sodomy laws in Lambda Legal's landmark case, Lawrence v. Texas. We hope Justice Steven's opinions standing up for the rights of the individual will be the guide for future precedent, and that his steadfast commitment to equal rights will be carried on by his successor."
In Lambda Legal's landmark lawsuit, Lawrence v. Texas, the majority opinion concluded that "Justice Stevens' analysis, in our view, should have been controlling in Bowers and should control here. Bowers was not correct when it was decided, and it is not correct today. It ought not to remain binding precedent. Bowers v. Hardwick should be and now is overruled."
The Lawrence decision quoted extensively from Justice Stevens' dissent in Bowers, in which he wrote that: "Our prior cases make two propositions abundantly clear. First, the fact that the governing majority in a State has traditionally viewed a particular practice as immoral is not a sufficient reason for upholding a law prohibiting the practice; neither history nor tradition could save a law prohibiting miscegenation from constitutional attack. Second, individual decisions by married persons, concerning the intimacies of their physical relationship, even when not intended to produce offspring, are a form of 'liberty' protected by the Due Process Clause of the Fourteenth Amendment. Moreover, this protection extends to intimate choices by unmarried as well as married persons."
Lambda Legal and other gay rights groups have urged President Barack Obama to nominate federal justices who adhere to precedents established in cases of importance to the gay community - including the right to privacy, protection against laws based on antigay bias, the right to sue in state courts under the Americans with Disabilities Act (ADA) and protections against HIV discrimination, among others.
"We cannot replace Justice Stevens’ experience or wisdom," Obama said today at the White House. "I’ll seek someone in the coming weeks with similar qualities: an independent mind, a record of excellence and integrity, a fierce dedication to the rule of law and a keen understanding of how the law affects the daily lives of the American people. It will also be someone who, like Justice Stevens, knows that in democracy powerful interests must not be allowed to drown out the voices of ordinary citizens."
Obama will nominate a successor, who must be confirmed by the Senate. Democrats control 59 seats in the Senate, a clear majority, but Republicans have already threatened a fight over political ideology.
About Lambda Legal
Lambda Legal is a national organization committed to achieving full recognition of the civil rights of lesbians, gay men, bisexuals, transgender people and those with HIV through impact litigation, education and public policy work.
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