Santa Clara Law Santa Clara Law Digital Commons Faculty Publications Faculty Scholarship 1-1-1993 Litigating for Lesbian and Gay Rights: A Legal History Patricia A. Cain Santa Clara University School of Law,
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[email protected]. LITIGATING FOR LESBIAN AND GAY RIGHTS: A LEGAL HISTORY PatriciaA. Cain* INTRODUCTION ( AY rights cases have never been at the forefront of the legal academy. For example, prior to the Supreme Court's decision in Bowers v. Hardwick,I the constitutional rights of gay men and lesbians were typically omitted from coverage in constitutional law classes. Even today, some constitutional law teachers continue to omit cover- age of lesbian and gay rights issues. The rights of lesbians and gay men were not totally ignored by pre- Hardwick legal scholars, however. Several constitutional scholars discussed the potential equal protection and due process claims of les- bian and gay litigants. 2 Rarely, however, did these legal scholars make lesbians and gay men the primary focal point of their work. * Professor of Law, University of Iowa. I would like to thank my friends at Lambda Legal Defense and the Gay and Lesbian Rights Project of the American Civil Liberties Union for their ongoing conversations regarding lesbian and gay rights litigation.