Thursday, October 5, 2017

QUestions on Simone de Beauvoir's The Second Sex **DO NOT COPY**

Simone de Beauvoir (1908-1986) was a French writer, intellectual, feminist, and existentialist philosopher. France extended women the right to vote in 1944. De Beauvoir published The Second Sex in 1949—it was an instant hit and became a classic of feminist literature in the 1960s. 
It includes a critical analysis of the “eternal feminine,” which is both the ideal of the “true woman,” from a psychological perspective (manifest in a set of womanly virtues such as modesty, gracefulness, delicacy, and compliancy), and the essence of the concept of “woman,” from a philosophical perspective. Per the philosophical perspective, the “eternal feminine” is a gender essentialist notion. It expresses the belief that men and women have different core, unalterable, natural “essences.”
(1)   What is different about the oppression of women, compared with other oppressed groups?
Women have no sense of group consciousness. They use the term “women” instead of “we.” They (we) cannot relate to one another because our oppressors are not one cohesive group, but white men, brown men, and black men. They have no solidarity, nor do they have a common goal. They are more attached to other groups than they are to each other.
There was also never an event that separated the genders like they separated the races and religions.
(2)   Why does the subordination of women appear natural?
Because men and women need each other for survival, and the woman is considered a vessel for children. For 9 months, she solely relies upon the man for shelter, food, and safety. It also appears natural because it has been so for so long. Since before the Romans women have been subjugated. As soon as men’s rights began to be encroached upon, men took legal action to prevent the liberation of women.
Women also have a natural and biological strength disadvantage, and men feel themselves emboldened by this difference. (p.11)
(3)   Why is woman the Other? What does de Beauvoir mean by that?
Because men need an opposite and before there was conflict between groups, there was conflict between the sexes. “it is easier to accuse one sex than excuse the other” -Montaigne (p.9, ¶ 2) Men use female and feminine not as opposites to male and masculine, but as negatives to those neutral terms as stated before. To men, male is the natural state of things, the positive state; while female is the negative and nothing more. (p.3) To men, women are inessential. (p. 5)
(4)   What is the difference between “female,” “woman,” and “feminine”?
To a man, feminine means “frivolous, infantile, irresponsible the submissive woman.” (p.11 ¶ 1) A “woman is a womb” to many, but a woman is also one who is feminine (p.1 ¶ 2).  Not all womb-ed persons are women, as they are not feminine, or they are a challenge to men. Female is the characterization of one who is subservient sexually and physically to men. Women and females cannot exist outside of men, for there is nothing a woman can withhold that a man cannot get without her.
To Simone, feminine means the essence of being a woman, both inward and outward presenting. To many feminists, the term “woman” is used to demean and subjugate those who are sexed as female. To Simone, the word “woman” denotes a certain difference, as no man feels the need to declare himself as such in the way that women do. Female is the category into which people with uteruses and those who identify as such fall.
(5)   Describe the “vicious circle” by which oppressors justify oppression. What are the parallels between Jim Crow (racial segregation in the U.S.) and women’s subordination?
To the oppressor, a group is oppressed not because one believes they are inferior, but because they are. He believes that because the group cannot raise themselves from the ranks of the oppressed, then he must be correct in his earlier assumption. (p.11) Men who do recognize this unfair characterization are reluctant to correct it as they also recognize that they are the beneficiaries of the system. However, they are blind to the benefits that inclusion of women in society would bring. (p.12)
The best women are offered is “‘equality in difference,” a term very similar to the separate but equal of African Americans in the post-emancipation eras (p.10 ¶ 3). Both groups- women and backs- are “kept in their place” by the rules of society. They are given roles by society as submissive or infantile, and they are told that this is the way that God has created them, therefore if they stray from it, they are not defying man, but God.  


Gaining Coverage in a Conservative World: A Consideration of the Results of the Affordable Care Act **DO NOT COPY**


Gaining Coverage in a Conservative World: A Consideration of the Results of the Affordable Care Act
In 2014, the Affordable Care Act (ACA) went into effect, and with it came the option for states to expand their Medicaid coverage. The expansion was originally intended to be mandatory, but the Supreme Court declared that unconstitutional, so states were given the option to expand Medicaid coverage to include people whose incomes are 138% of the Federal Poverty Line or below. Even if the states did not choose to expand in 2014, they are still able to expand it now, using a Section 1115 waiver, which will provide the same funding guarantees that the original expansion did (Rudowitz and Musumeci, 2015). The ACA promised 100% funding for all expansions of Medicaid up to the 138% level between 2014 and 2017, and then funding decreases to 95% for the 2017 year, 94% in 2018, 93% in 2019, and 90% in 2020. Those states who took the waivers receive transition funding until they reach the 138% level, and then their three years of full funding will start (MACPAC, 2017).
This paper will cover three schools of existing literature; those against the ACA, those who fundamentally agree with the ACA, but disagree with the methods, and those who feel that the ACA is adequate as it is written. Next, the hypothesis is presented, and the variables are operationalized. Finally, the sources of data are identified, and the data analysis is planned.
            The ACA has been a hot topic of debate since its inception, but two of the most fiercely debated aspects of the act are its effectiveness in reducing costs for the average Medicaid recipient and its fiscal impact on the states. Under the ACA, states had the option to expand Medicaid up to 138% of the Federal Poverty Line (FPL) with federal funding. However, after three years, federal funding for the expansion slowed, and in 2020, states will have to take on 10% of the cost of the expanded Medicare. Ideally, the ACA would have led to lower costs for the states because they would have fewer uninsured citizens, and it would have lowered costs for patients because more people were paying into the Medicaid system. So how have varying levels of Medicare expansion under the Affordable Care Act actually affected state expenditures and patient costs in the United States?
Scholars argue whether or not the ACA has succeeded in lowering some of the costs of Medicaid, forming three schools of thought: 1. The ACA is inherently flawed, and there is no correcting it, 2. The ACA is flawed, but it provides coverage that the market cannot, and 3. The ACA is a good piece of legislation and just needs some time to smooth over the kinks from its rollout. Each of these schools has a different answer to the research question, and each is tied to their overall opinion of the ACA.
            The first school believes overwhelmingly that the ACA was a failure, and many of the scholars support the idea that it should never have been proposed. It was a polarizing issue from its introduction on the floor of Congress, and continues to be as Republicans aim to repeal it. The scholars within this field disagree about what exactly the problem is with the ACA, but they all support the dismantling of the ACA as it currently stands. They theorize that the best outcomes in healthcare are created through methods other than expanding Medicaid. Gaffney and Waitzkin (2016) believe that our current healthcare system as a whole is flawed, starting from its inception. They argue our rising healthcare costs can be attributed to the powerful lobbying groups in the United States, as well as our flawed political system. Gaffney and Waitzkin criticize the consumerist nature of the American health system, noting that it drives up prices and prevents the single-payer system from emerging. Gaffney and Waitzkin reiterate the merits of a single-payer system, from a more simplistic bureaucracy, to increased savings for the government, to better coverage for the consumer. Sommers et al. (2014) also criticize the consumerist system, but they address the failure of the ACA to reach those that need it most as well. The expansion of Medicaid from the ACA created a class of Americans who can sporadically afford healthcare, and therefore may switch back and forth between private insurance and Medicaid several times as their circumstances change. Despite the ACA’s attempt to lure more doctors into accepting Medicaid by raising the reimbursement rate, Sommers et al. predict that there would only be a small increase in doctors who accept Medicaid. They admit that the ACA is noble in its cause, but recognize that many states are still skeptical about the fiscal feasibility and that the federal government will provide the benefits at the levels that it claims. Thompson (2012) agrees with Gaffney and Waitzkin that the whole system is flawed, but he takes a greater stance against the idea of cooperative federalism. Thompson believes that the Obama administration’s plan to give the states greater control in the process doomed the ACA before it even hit the president’s desk. Thompson finds the coercion of the states to expand Medicaid problematic, and he faults the federal government for not declaring a plan for when a state opts out of Medicaid entirely. The crux of his argument becomes a non-problem with the decision of the Supreme Court in National Federation of Independent Businesses v. Sebelius, but that does not detract from Thompson’s initial concerns. Much like Gaffney and Waitzkin, Thompson also recognizes the merits of a single-payer system, but he does not push the issue as far.
            The second school is compelled by the progress that the ACA has made, but finds flaws in the details of the law. These scholars claim that the outcomes could have been better with smoother implementation, or with widespread adoption of Medicaid expansion, but they generally agree that the law was created in good faith. Persad (2015) argues that while the law does good and promotes a positive worldview, its priority setting is flawed. No person’s life is allowed an actuarial value higher than another’s, which can lead to higher overall costs as life-extending procedures are prioritized over quality of life increases. Persad recognizes the potential problems associated with assigning one life a value over another, but believes that the savings are worth the moral cost. Kreuter et al. (2014) found the most lacking feature of the ACA is that there is no way to contact those who were eligible to enroll in Medicaid or get a plan through the marketplace. Shartzer, Long, and Anderson (2016) disagree, instead focusing on the gaps that the ACA leaves behind. They note that the Medicaid expansion will lead to less funding for programs for the uninsured, leaving them hanging by a thread. Shartzer, Long, and Anderson do not find fault in the actuarial values, as Persad does, like Gaffney and Watzkin, do acknowledge the effects of the consumerist system, noting that gaps in affordability due to the market are causing many of the coverage holes.
            The third school finds that the ACA was a valiant effort, and has produced the results that can be expected from a new piece of legislation. They believe that the outcomes are the best that one could hope for from a piece of legislation this expansive and contentious. Kowalski (2014) argues that even if prices were higher in the healthcare exchanges, the impact of the ACA would still be encouraging. She acknowledges the shaky and staggered rollout of the bill, and attributes the bill’s flaws to the website problems and poor press that it received. Hill (2015) focuses more on the Medicaid portion of the law, claiming that individuals under Medicaid would spend half as much on healthcare costs as compared to those enrolling in the marketplace. Knopf (2012) identifies reasons why states would potentially turn down the 100 percent funding that the ACA would provide to states, and ultimately concludes that no sane state would reject the Medicaid expansion, as it has the potential to balance state budgets. Frean, Gruber, and Sommers (2016) agree with Hill and Kowalski’s sentiments, lauding the benefits of the Medicaid expansion, and noting the specific increase in enrollment of previously eligible Americans. Much like Kreuter et al., they note that the previously-qualified individuals showed the greatest capacity for growth. Barrilleaux and Rainey (2014) corroborate Knopf, arguing that the strongest and only real reason for the opposition of the ACA is partisanship. They note that many governors cite fiscal concerns, much like Sommers et al. does, but Barrilleaux and Rainey provide evidence that the states are much more likely to profit from the venture. Blumberg and Holahan (2016) concur, showing predicted spending data for states who failed to expand Medicaid. Blumberg and Holahan also agree with Shartzer, Long, and Anderson that the coverage gaps are large, but Blumberg and Holahan believe that the ACA is adequate for now.
            These three schools, when looked at together, paint a complicated picture of the ACA. It is a flawed document, and its rollout was shaky at best, but overall it is doing a great service to the poor in America. Perhaps there will be better bills in the future, but this is the one that we have now, and this is how it was passed by the United States Congress, so this is how it is going to stay. What these studies and articles have missed, is to what degree has each state succeeded in improving the lives of its residents. Many of them were also published just after the bill went into effect, in mid-to late 2012, so there is a dearth of recent knowledge as well.
            I plan to fill this knowledge gap by focusing on six states’ implementation of the Medicaid expansion; Montana, Arizona, Nevada, Colorado, New Mexico, and North Dakota. These states have fairly similar cultural values, racial makeups, and climates, and they all expanded Medicaid. The states will be compared using a most similar systems approach in order to best utilize the homogeneity of the states.
Hypothesis
I hypothesize that all states will show greater federal funding, most states will report a plurality of expanded Medicaid and non-Medicaid insurance coverage, but also increased costs from the states At least one state will have reduced insurance coverage and increased costs for the state, and at least one will show no significant change in the observed variables.
Operationalization
When discussing any research, it is important that one is accurate and precise in their wording, and one must use indicators that measure what is being researched. Precision is key because it allows for the research to be generalizable on the same level of analysis, and accuracy is important because it allows for the experiment to be repeated by other researchers. If the indicators do not measure the variables that the researcher wants to measure, the findings will not be valid. This researcher strives to achieve valid and reliable results, and will therefore detail the variables, indicators, and data sources further into this paper.
Medicaid is defined as a health insurance alternative for children, pregnant women, low income families, those with disabilities, and those with incomes at or below 138% of the Federal Poverty Line (FPL). The Affordable Care Act (ACA) is defined as the Patient Protection and Affordable Care Act, a bill passed in 2010 by the Obama administration, colloquially called “Obamacare.” The FPL is defined as the level at which the government determines eligibility for programs such as Medicaid. The current FPL for one individual is $12,060. The states are defined as the six specific states being studied, namely Arizona, Colorado, Montana, Nevada, New Mexico, and North Dakota. Insurance is defined as health insurance provided by an accredited insurance company, or a government plan such as Medicaid. Implementation is defined as the point at which the state can be reasonably assumed to offer coverage to 138% of the FPL.
The indicators discussed in the next paragraph represent the independent variables in this case, affordability and reach, and the dependent variable is the more abstract concept of success. If a plurality of the states show the same or lower costs for the state governments and greater coverage in the more recent data set, then the ACA will be deemed a “success” by the researcher. If a plurality of the states saw no or negligible effect on costs and coverage, then the ACA will be shown to have no effect on the observed variables. If a plurality of the states has higher costs and less coverage in the more recent data set, then the ACA will be shown to not be a success, and has failed its goal. If the variables show mixed results in a plurality of states, then the ACA will be shown to need further study, but shall be preliminarily deemed a failure, pending further investigation.
This research will be completed by using several different indicators; the number of people at or under 138% of the FPL insured by Medicaid before and after implementation by the states, the percentage of total people insured before and after implementation, and each state’s Medicaid spending per capita before and after implementation, and the amount of federal funding received by the state per capita before and after implementation. These indicators help measure the variables of affordability and the reach of the bill. Both need to be measured, as it is very easy for Medicaid to be more affordable to states and the federal government if they decrease its reach. The indicators were drawn from and inspired by the work of Kowalski (2014), and federal funding was included as an indicator because of the work of Knopf (2012). The Politics of Need (Barrilleaux & Rainey, 2014) was consulted to find more variables, but they had been covered in Kowalski’s methodology, and seemed redundant to add. General data about the federal and state shares were found on the Medicaid and CHIP Payment and Access Commission website (2017), and the more specific indicators were formed based on that information. The first indicator- the number of people enrolled in Medicaid that fall under 138% of the FPL- will be obtained from a combination of enrollment data from the Kaiser Family Foundation (2017) and census data (Population Division of the U.S. Census Bureau, 2016).  The “before” data will be taken from 2013, and the “after” data will be taken from either one and a half years after the expansion began, or January of 2017, whichever occurs earlier. This is to ensure the fairness of the indicator, while still allowing for the research to be completed promptly. The dates were also chosen based on the findings of Vistnes and Cohen (2016), as their data did not go far enough to determine the real outcome of the ACA. The second indicator- the percentage of the population that is generally insured- will use the same data, but will look at it more broadly, comparing the number of people insured by any group; Medicaid or private insurance. The data will be sampled from 2013 and one and a half years after implementation, or January 2017, whichever comes first. The third indicator- each state’s Medicaid spending- will be created using spending data from the Kaiser Family Foundation and census data. Once again, the data will be taken from 2013 and either one and a half years after implementation, or January 2017, whichever is earlier. The fourth and final indicator- the amount of federal funding received- will be created by combining information gathered from Congressional Research Service documents (Mitchell, 2014), and census data. 
These variables are good indicators of the success of the ACA because they are the stated goals of the bill. Ideally, the bill would make healthcare cheaper for states and the federal government, and it would provide better coverage to more people. The number of people insured by Medicaid at or below 138% of the FPL will show the bill’s intent regarding Medicaid. If this number does not increase, then the bill did not help the poorest Americans become insured. The number of people insured regardless of socioeconomic status shows the primary goal of the bill- making sure every American is insured. State spending shows whether the ACA succeeded in making universal healthcare a viable goal for states to pursue. Federal funding for each state shows whether the federal government is taking its fair share of the costs. If the ACA works as planned, then the federal spending would increase dramatically, and the state spending would stay the same.
Data for these indicators are easily obtainable and offer clear measurements of the success of the bill, and are therefore likely to be valid. They are numerical, interval figures, and are easily comparable in order to observe change over time. The data used in this research will be aggregate data, as sampling such a large population would exhaust the researcher’s time and money before any analysis could be completed. The group being studied is the demographic group of Medicaid recipients in a set of given states (Arizona, Colorado, Montana, Nevada, New Mexico, and North Dakota). It would be helpful to include variables like health of the population, but these are easily influenced by things outside of the scope of the ACA, and are difficult to quantify into indicators. Even if that data could be quantified, it would be incredibly difficult to obtain them due to patient privacy concerns. Another variable that was considered was affordability of Medicaid for the patient, but few states charge anything for Medicaid, so including it would only unbalance the measurements.
The researcher hypothesizes that the states of Arizona, Colorado, Montana, Nevada, New Mexico, and North Dakota will show mixed results, but all will show greater federal funding. The states will likely report a plurality of expanded coverage in both sectors, but also increased costs from the states as they reallocate the federal funds to non-healthcare related areas. At least one state will be judged to have failed, and at least one will show no change in the observed variables.
            There are several distinct data that will be collected for this research; population of the six states, number of people insured, number of people insured specifically by Medicaid, federal funding provided to each state, and Medicaid spending for each state. The data that will be collected in coordination with the research will be aggregated from four main sources. These sources are the Kaiser Family Foundation, the US Census, the Medicaid and CHIP Payment and Access Commission, and the Congressional Research Service (Kaiser Family Foundation, 2017; Mitchell, 2014; Population Division of the U.S. Census Bureau, 2016; The Medicaid and CHIP Payment and Access Commission, 2017). Population data will come from the census, and if that is not available for some reason, then the data will be collected from the UN Demographic Yearbook. Federal funding will be measured from the Medicaid Access Commission and the Congressional Research Service, and if those sources fail, then the researcher will extrapolate the data from federal and state budgets. State spending will also be measured using data from the Medicaid Access Commission and the Kaiser Family Foundation. State spending will not include the funds given to the states by the federal government- it will only be the money that states raised and spent on their own. The total number of insured Americans and the number of people insured by Medicaid will be collected using the Kaiser Family Foundation’s website. The data will be collected in January of 2013 and either January 2017 or one and a half years after the Medicaid expansion began, whichever is earlier, in order to standardize the time frame without limiting it too much. The time frame also only includes the Obama administration to avoid adding in the extra variable of a new president. The existing literature’s main flaw is in their short-term view, only looking at six months to a year of data before making generalizations about the bill.
            The researcher did not anticipate any problems finding the data until late January, when the Trump administration’s policies became apparent and data began disappearing from the public view. The researcher now anticipates problems finding data sourced from the federal government, such as census data and Congressional Research Service documents. Private data aggregators may capture the needed data and provide it for free, or they may place it behind a paywall, which is a significant barrier for the researcher.
            The data collected above will be combined to measure the indicators. Each piece of data will be divided by the state’s population to make the data per capita, or a percentage of the population. The data will then be made into percent change by dividing the later data by the newer data and subtracting one:  . This modification of the raw data will ensure the validity of the data, and the reputable sources from which the data are gathered ensures the data’s reliability. Data for these indicators are easily obtainable and offer clear measurements of the success of the bill, and are therefore likely to be valid. They are numerical, interval figures, and are easily comparable in order to observe change over time. The indicators to be measured are percentage of the population insured by Medicaid, percentage of the population insured by any group, federal funding per capita, and each state’s Medicaid spending per capita. It would be helpful to include variables like health of the population, but those are easily influenced by things outside of the scope of the ACA, and are difficult to quantify into indicators. Even if that data could be quantified, it would be incredibly difficult to obtain them due to patient privacy concerns. Another variable that was considered was affordability of Medicaid for the patient, but few states charge anything for Medicaid, so including it would only unbalance the measurements.
All the data collected will be quantitative, and will therefore not require much coding to prepare for analysis. The 2013 and 2017 data will be compared, and then placed into graphs to create a visual representation. Percent increases and decreases will be calculated from the 2013 and 2017 data, and then it will be weighted. The larger the final number for each state, the more success that state achieved. Per capita federal funding will be weighted the least (relative to the desired impact), with a multiplier of one: . Per capita state spending will be weighted with a multiplier of point nine: . The divisor weight in this case reflects the expected outcome of lowered state costs. If the weight were a multiplier, then it would artificially inflate the final value, as the researcher has deemed an increase in state spending to be an indicator of failure, not success. Rates of insurance will be given a weight of one-point five, as that was a goal of the bill, but not the most important one: . Rates of Medicaid enrollment will be given a weight of two, as that is the focus of the portion of the bill being studied: . The final equation will look close to this: . The state with the greatest degree of success will be the most successful, and the state with the lowest degree of success will be the least successful, but neither will necessarily be a success or failure. Failure would be determined by the ,, or   values being negative at all, or the  value being positive and greater than eight percent. If the ,, or  values are negative, then federal funding would have decreased despite an increase in expected federal funds, or the overall percentage of insured persons would have decreased, and the goal of the ACA was to increase the number of insured persons by increasing federal funding to the states. If the  value is greater than positive eight percent, then state expenditures outpaced average spending increases when Medicaid enrollment was not bolstered, even outpacing recession numbers. The average spending growth in the 20 years before the ACA was less than seven percent, and even during the 2008 recession, when enrollment jumped by 8 million in two years, the annual spending growth was only six-point eight percent (The Medicaid and CHIP Payment and Access Commission, 2017). The researcher gave the states an extra one percent of spending growth to account for any infrastructure and developmental costs associated with greater enrollment, so any annual spending increases greater than eight percent must be outliers. If a state has all positive ,, and   values and a negative  value, then it will be a success.
The hypothesis was that at most four states will have succeeded in expanding Medicaid and insurance overall, one state will have failed, accumulating more costs to the state and not raising enrollment, and one state will not show significant changes in any of the observed variables. This can be tested by using the formula , and looking at the indicator data. Significant changes in the observed variables will be a change of  for insured populations, as fluctuations are expected regardless of new legislation, and  for federal funding and state spending. The limitations with this research is that it cannot necessarily be generalized to other states, but the research methods may be applied to other states for more state-specific results. If all the states are shown to be “successes,” then it may be extrapolated that the ACA was successful in the west and southwest, but more research must be conducted before it may be applied nationwide. This research design could be improved by adding more specific variables such as quality of healthcare received and number of hospital visits per capita. It could also be improved by looking at a longer time frame and sampling more than twice. However, those changes would have exceeded the researcher’s time and financial budget, and the data would be locked behind paywalls.
Conclusion
            This research is not about gathering data; it is about changing lives. The people who rode the line between Medicaid and no insurance in the pre-ACA years are now able to get life-saving medical care, without the bankruptcy-causing bills. However, the new 138% line has created a new group of people who ride the line, albeit a smaller one. Although an affirmation of the hypothesis is always nice, real results that provide a path for states is what will help the most people. If the researcher is wrong, and all states failed, then we will know that there is work to be done, and new legislation must be drafted. This project will soon be upstaged by better-funded, longer term studies, but for now, it is the most up-to-date, accurate portrayal of the ACA. It acts as a stepping stone for new healthcare research, and will give rise to new ideas based on its limitations and shortcomings, just as this research was inspired by what was missing from previous studies.

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John Geddes Lawrence and Tyron Garner v. Texas Case Brief **DO NOT COPY**


John Geddes Lawrence and Tyron Garner v. Texas
U.S. Supreme Court
539 U.S. 558 (2003)

Facts: Officers of Harris County, Texas police department were sent to the residence of John Geddes Lawrence in response to a reported weapons disturbance. They entered the apartment, and observed Lawrence and Tyron Garner (another man), engaging in a sexual act. The men were then arrested under Texas Penal Code Ann. §21.06 (a).
Procedural History:  The defendants challenged the statute under the Equal Protection Clause of the Fourteenth Amendment, but the contentions were rejected. The defendants then pleaded nolo contendere, and were fined $200 each by the Harris County Criminal Court. The Texas Court of Appeals affirmed the lower court’s decision after considering arguments under the Equal Protection and Due Process clauses. Certiorari was granted by the Supreme Court of the United States, and the lower court’s ruling was reversed (6-3).
Issue Presented: Did the defendants’ criminal convictions under Texas’ “Homosexual Conduct” law violate the Equal Protection Clause of the Fourteenth Amendment? Did the defendants’ criminal conviction violate their privacy and liberty that are protected by the Due Process Clause? Should Bowers v. Hardwick be overruled?
Decision:  Yes, the Supreme Court found the Equal Protection Clause and Due Process Clause both applied to the case, and overruled Bowers v. Hardwick.
Holding:  Criminalizing sodomy in only the case of homosexuals is a violation of the Equal Protection Clause, as it deprived them of state protections that the majority claimed. The conviction also violated the defendants’ liberty and privacy, as the Due Process Clause grants liberty to engage in actions free from government intervention. Bowers v. Hardwick is overruled, as a view that the majority holds is not inherently right, even if they view an act as “immoral.”
ReasoningBowers seeks to control private relationships, and it seeks to establish a legal moral code, something to court has no power to do. After Bowers, many states have repealed their anti-sodomy laws, or stopped enforcing them, showing a shift in public opinion away from anti-sodomy and anti-homosexual legislation, and the court may have been reacting to this shift. The Due Process Clause allows for a degree of privacy to perform consensual sex with legal adults, and it grants liberty to do the same without intervention from the government. The Equal Protection Clause protects minority groups from harm and undue difficulty in pursuing happiness, and shows all to be equal under the eyes of the law. The Texas law treats sodomy as a right reserved only for the heterosexuals, making them unequal under the law.  
PrecedentsBowers v. Hardwick (1986), stands for the proposition that there is no fundamental right to sodomy for homosexuals. (overruled)
       Griswold v. Connecticut (1965), stands for the proposition that the right to privacy is a protected interest under the eyes of the law, especially the privacy of the marital bedroom.
       Eisenstadt v. Baird (1972), stands for the proposition that unmarried couples, groups and individuals possess the same right to privacy as married couples.
Roe v. Wade (1973), stands for the proposition that there must be a compelling state interest in order to obstruct one’s privacy under the Fourteenth Amendment.
Romer v. Evans (1996), stands for the proposition that class-based legislation may not deprive said class of state protection when there is no legitimate governmental interest.
Arguments Made:
Plaintiff:  The plaintiffs argued that their arrest and subsequent conviction were in violation of the Equal Protection Clause, as they unfairly targeted homosexuals.
Defendant:  The defendant argued that the law was valid under Bowers v. Hardwick, and that it is protected because Texas is attempting to further a legitimate state interest.
Concurrence/Dissent:  Justice O’Connor concurred, arguing that the court was incorrect in overruling Bowers, but that the Texas law was in violation of the Equal Protection Clause. It unfairly targets homosexuals, and has a severe and undue impact on their future employment, housing, and family issues.
     Justice Scalia dissented, with Chief Justice Rehnquist, and Justice Thomas joining. He claimed the court overstepped its bounds in overruling Bowers, as the reasoning used could have overruled Roe v. Wade, and did not give stare decisis the same weight as it did in Planned Parenthood v. Casey. He also objected to the ruling as the same ideals that the Texas law was based on are the ideals that laws against “bigamy, adultery, adult incest, bestiality and obscenity” are based on. Scalia points out the hypocritical nature of the court in naming protection of heterosexual marriage as “preserving the traditions of society” while at the same time condemning anti-homosexual sodomy laws because they “express moral disapproval.” Scalia argues that the law is not in violation the Equal Protection Clause, as
“[m]en and women, heterosexuals and homosexuals, are all subject to the prohibition of deviate sexual intercourse with someone of the same sex.”
He also cites the courts seemingly “anti-anti-homosexual” bias, and attributes it to the law profession’s culture. Scalia disavows the court’s stance on the pro-homosexual side of the so-called “culture war,” as he believes the court should be a neutral observer.
     Justice Thomas wrote a small dissent, naming the Texas law “uncommonly silly.” He informs us that he cannot find a right to privacy within the Constitution, and therefore must dissent, even if he personally would repeal the law.

Policy Discussion & Implications:  The decision in the case benefits society because it expands the protections for minority groups regarding private and sexual choices. It also reinforces the need for states to pass laws that are vital to a state’s government interest, not simply because the action is morally abhorrent to one group. However, the decision in this case can be detrimental to society because it set a dangerous precedent of overruling new decisions because of court bias. Overall, the decision could lead to a reduction of restrictions on homosexuals and other minority groups, but the court should take more care in deciding cases so that their cases do not need to be overruled 17 years after they are decided.