University of Nebraska - Lincoln DigitalCommons@University of Nebraska - Lincoln College of Law, Faculty Publications Law, College of 1997 Wigstock and the Kulturkampf: Supreme Court Storytelling, the Culture War, and Romer v. Evans Richard F. Duncan University of Nebraska College of Law,
[email protected] Follow this and additional works at: https://digitalcommons.unl.edu/lawfacpub Part of the Legal Studies Commons Duncan, Richard F., "Wigstock and the Kulturkampf: Supreme Court Storytelling, the Culture War, and Romer v. Evans" (1997). College of Law, Faculty Publications. 143. https://digitalcommons.unl.edu/lawfacpub/143 This Article is brought to you for free and open access by the Law, College of at DigitalCommons@University of Nebraska - Lincoln. It has been accepted for inclusion in College of Law, Faculty Publications by an authorized administrator of DigitalCommons@University of Nebraska - Lincoln. Duncan in Notre Dame Law Review (1997) 72. Copyright 1997, University of Notre Dame. Used by permission. WIGSTOCK AND THE KULTURKAMPF: SUPREME COURT STORYTELLING, THE CULTURE WAR, AND ROMER v. EVANS RichardF. Duncan* Argument is insufficient; America needs exorcism. -Peter Kreeft' I. INTRODUCTION Our society is deeply divided over the meaning of good and evil. We tell clashing stories about things that matter a great deal, things such as abortion, marriage and family, education, the role of religion in the public square, and the ethics of human sexuality.2 James Davison Hunter observed that this culture war is a struggle between starkly polarized moral communities and that it represents "a strain upon the course of democratic practice."3 Indeed, I often think America was a good idea that, sadly, has failed.