ABSTRACT

The cases that mark the Court's most liberal activist period, Brown and Roe, are especially relevant for lesbian and gay rights. Brown breathed life into the Equal Protection Clause of the Fourteenth Amendment. Roe expanded the Court created right of privacy, a right based on a number of constitutional provisions. Lesbian and gay activists using the courts have often relied on the doctrinal progeny of these two cases, framing their arguments in equal protection and privacy terms. Favorable, albeit indirect, precedents were available for those seeking to expand lesbian and gay rights.