I was only 14 years old when the Lawrence v. Texas decision came down, but I can remember the news reports on that day. Even then I realized what an important decision it was.
At that time, however, my 14-year-old self had no idea how a late night arrest for homosexual sodomy in Houston, Texas, in 1998 would help change a history of gay discrimination in the United States forever. This is the case that made same-sex sexual activity legal throughout the United States.
Dale Carpenter, the Earl R. Larson Professor of Civil Rights and Civil Liberties Law at the University of Minnesota Law School, does a fantastic job of presenting a well-rounded take on the issues at stake. The first part of the book, “Before the Arrest,” details the different players in the case, briefly explores sodomy laws in the world, explains the history of gay rights in Houston. The second section, “The Arrest,” details the arrest at Lawrence’s home under the charge of “homosexual conduct.”
“After the Arrest” clarifies the various court proceedings over the four years of this case’s lifespan. This is the part in which where the narrative really comes alive.
The highlight of the book is Carpenter’s illumination of the Lawrence legal team’s internal thought process. Lawrence and Garner, the men arrested on the charge of homosexual conduct, were far from the perfect poster children. Men of different races, separated in age by over 20 years, not in a committed relationship, and with criminal records, they were considered low-class. The legal team’s challenge was to keep the issue of gay rights and sodomy laws front and center while avoiding what many of the lawyers considered a potential public relations nightmare.
At times, it can feel as though the book is too segmented because the discussion of the arrest and the case doesn’t begin until almost a quarter of the way through the book. A more mixed discussion may have made this book more engaging for general audiences.
The point-by-point examination undertaken by Carpenter allows, however, for an in-depth study of the issue that both casual and professional scholars can appreciate.
This book is recommended for any person interested in the legal history of gay rights or the evolution of queer status over time. Also, this is a perfect book for any library collection that has an extensive collection of case histories, legal narratives, or queer interest items. Accessible to all audiences, Flagrant Conduct does not require prior information to understand all of the issues and forces at play in this seminal court case.
Reviewer: Mack Freeman