Changes

Many have suggested that ''Romer'' makes little sense in a pre-''Lawrence'' world.  After all, so long as sodomy or other homosexual sex acts were illegal, could not the state find a "rational basis" to discriminate against homosexuals on the basis of their imputed engagement in felonious acts (sodomy)?  Indeed, this reason should pass the light review guaranteed by [[rational basis review]].  As such, after ''Lawrence'', when anti-sodomy statues were struck down, ''Romer'' makes much more sense, since the criminal stigma of homosexuality was wholly removed by ''Lawrence'', at least at law.

Many have suggested that ''Romer'' makes little sense in a pre-''Lawrence'' world.  After all, so long as sodomy or other homosexual sex acts were illegal, could not the state find a "rational basis" to discriminate against homosexuals on the basis of their imputed engagement in felonious acts (sodomy)?  Indeed, this reason should pass the light review guaranteed by [[rational basis review]].  As such, after ''Lawrence'', when anti-sodomy statues were struck down, ''Romer'' makes much more sense, since the criminal stigma of homosexuality was wholly removed by ''Lawrence'', at least at law.

The possibility of ''Romer'''s revolutionary nature has been confined somewhat by lower court holdings.  In Florida, the court in ''Lofton'', upheld a ban on gay adoption without engaging in the "pretext" analysis that a broader reading of ''Romer'' would require, and instead ending the inquiry with [[rational basis review]].  However, this case was very narrowly decided, and only denied rehearing by a vote of 6 to 6.  The real meaning of ''Romer'' is thus unsettled.

The possibility of ''Romer'''s revolutionary nature has been confined somewhat by lower court holdings.  In Florida, the court in ''Lofton'', upheld a ban on gay adoption without engaging in the "pretext" analysis that a broader reading of ''Romer'' would require, and instead ending the inquiry with [[rational basis review]].  However, this case was very narrowly decided, and only denied rehearing by a vote of 6 to 6.  The real meaning of ''Romer'' is thus unsettled, and unlikely to be settled in the near future, as the Court often adopts a "wait and see" approach after major social changes, before instigating another.

== Dissent ==

== Dissent ==

Scalia wrote a dissent to the case, railing at length against the "[[homosexual agenda]]."  He also reminded the Court of its narrow role in resolving social conflicts, and took a narrow definition of the [[Fourteenth Amendment]] as protecting only against discrimination on the basis of race and gender.  Since sexual orientation was neither, he said, the legal inquiry was over, and the Federal constitution was silent.

Scalia wrote a dissent to the case, railing at length against the "[[homosexual agenda]]."  He also reminded the Court of its narrow role in resolving social conflicts, and took a narrow definition of the [[Fourteenth Amendment]] as protecting only against discrimination on the basis of race and gender.  Since sexual orientation was neither, he said, the legal inquiry was over, and the Federal constitution was silent.