No Promo Homo: The Sedimentation of Antigay Discourse and the Channeling Effect of Judicial Review

Arguments against equal rights for gay men, lesbians, bisexuals, and transgendered people have shifted from, Those are bad people who do sinful, sick acts, to A pro gay reform would promote homosexuality. Professor Eskridge\u27s article presents a history of this rhetorical shift, tying it to die rise of a politics of preservation by traditionalists seeking to counter gay people\u27s politics of recognition. Eskridge also shows how modem antigay discourse has become sedimented, as arguments are layered on top of (but never displace) each other. Evaluating the various forms no promo homo arguments can take, he maintains that the most obvious versions are not plausible, and that the most plausible are not constitutional. This archaeology of no promo homo discourse has interesting ramifications for constitutional theory and doctrine. Among then, as Eskridge concludes, is the way in which the channeling function of law not only changes group rhetoric, but also group identity, and helps the state manage polarizing culture clashes