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date: 03 August 2020

Abstract and Keywords

This article discusses the theoretical and historical foundations of the American approach to moral pluralism among its citizenry, which focused predominantly on religious matters but laid constitutional foundations that elucidate broader issues of diversity on a host of moral issues. It also discusses the questions of privacy and sexuality, and evaluates a string of cases culminating in Bowers v. Hardwick (1986) and Lawrence v. Texas (2003). The conflicting outcomes of these two cases demonstrate the uncertainty of the U.S. Court on moral diversity over the past two decades. In both Bowers and Lawrence, the Court faced criminal statutes representing moral views on proper sexual behavior. As Bowers and Lawrence involved forms of sexual behavior that are at the heart of the moral debate in America, a close inspection of these cases illuminates the broader questions of liberty and privacy which have become essential to American politics and culture in the twenty-first century. The article concludes with several reflections on the future trajectories of same-sex marriage and the implications of Lawrence.

Keywords: theoretical foundations, historical foundations, moral pluralism, privacy, sexuality, sexual behavior, liberty, same-sex marriage

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