Dale Carpenter

Dale Carpenter

Full-time faculty

Judge William Hawley Atwell Chair of Constitutional Law and Professor of Law

Biography

Professor Carpenter is the Judge William Hawley Atwell Chair of Constitutional Law. He previously served as the Charles J. and Inez Wright Murray Distinguished Visiting Professor of Law at SMU, teaching Constitutional Law I as well as LGBT Rights and the Law. This fall he will teach Constitutional Law II.
 
Prior to joining SMU, Professor Carpenter taught for 16 years at the University of Minnesota, where he served as a Distinguished University Teaching Professor and the Earl R. Larson Professor of Civil Rights and Civil Liberties Law. He won multiple teaching awards. He is also an editor of Constitutional Commentary.  
 
The Texas native received his B.A. degree in history, magna cum laude, from Yale College and received his J.D., with honors, from the University of Chicago Law School, where he was editor-in-chief of the University of Chicago Law Review. After serving as a law clerk for Fifth Circuit Judge Edith Jones, he practiced at the firms Vinson & Elkins LLP in Houston, and at Howard, Rice, Nemerovski, Canady, Falk & Rabkin, P.C. in San Francisco.
 
As the author of numerous articles and an award-winning book —FLAGRANT CONDUCT:  THE STORY OF LAWRENCE V. TEXAS (W.W. Norton & Co., 2012), about the landmark U.S. Supreme Court case that invalidated America’s sodomy laws — he is often asked by the media to comment on constitutional law, the First Amendment, and LGBT Rights and the Law. Since 2005, he has been an active blogger on the popular legal blog, The Volokh Conspiracy, which is hosted by the Washington Post.
 

Areas of Expertise

  • Constitutional Law
  • First Amendment
  • Sexual Orientation and the Law

Education

B.A., magna cum laude Yale College
J.D. (with honors) University of Chicago Law School;
Editor-in-Chief, University of Chicago Law Review


 

Courses

Constitutional Law II

Books

FLAGRANT CONDUCT:  THE STORY OF LAWRENCE V. TEXAS:  HOW A BEDROOM ARREST DECRIMINALIZED GAY AMERICANS (W. W. Norton & Company, 2012)
 

Articles

Windsor Products: Equal Protection from Animus, 2013 Supreme Court Review 183 (2013)

A Traditionalist Case for Gay Marriage, 50 South Texas Law Review 93 (2008-2009)

Straight Acting, 9 Minnesota Journal of Law, Science & Technology 803 (2008)

Institutional Review Boards, Regulatory Incentives, and Some Modest Proposals for Reform, 101 Northwestern University Law Review 687 (2007)

Unanimously Wrong, 2006 Cato Supreme Court Review 217 (2006)

Bad Arguments Against Gay Marriage, 7 Florida Coastal Law Review 181 (2005)

The Value of Institutions and the Values of Free Speech, 89 Minnesota Law Review 1407 (2005)

Four Arguments against the Federal Marriage Amendment that Even an Opponent of Gay Marriage Should Accept, 2 University of St. Thomas Law Journal 71 (2004)

Is Lawrence Libertarian?, 88 Minnesota Law Review 1140 (2004)

The Antipaternalism Principle in the First Amendment, 37 Creighton Law Review 579 (2004)

The Unknown Past of Lawrence v. Texas, 102 Michigan Law Review 1464 (2004)

Judicial Supremacy and Its Discontents, 20 Constitutional Commentary 405 (2003)

Keeping Secrets, 86 Minnesota Law Review 1097 (2002)

A Conservative Defense of Romer v. Evans, 76 Indiana Law Journal 403 (2001)

Expressive Association and Anti-Discrimination Law After Dale: A Tripartite Approach, 85 Minnesota Law Review 1515 (2001)

The Limits of Gaylaw, 17 Constitutional Commentary 603 (2001) (reviewing William N. Eskridge, Gaylaw: Challenging the Apartheid of the Closet (Harvard University Press, 1999)) (review essay)

Same-Sex Sexual Harassment Under Title VII, 37 South Texas Law Review 699 (1996)

Bumping the Status Quo:  Actual Relief for Actual Victims Under Title VII, 58 University of Chicago Law Review 703 (1991) (comment)
 

Book Chapters

Autonomy (of individuals and private associations), in OXFORD HANDBOOK OF THE UNITED STATES CONSTITUTION (Sanford Levinson, Mark Tushnet & Mark Graber, eds., Oxford University Press, 2015)

The Unconservative Consequences of Conservative Opposition to Gay Marriage, in  WHAT'S THE HARM?:  DOES LEGALIZING SAME-SEX MARRIAGE REALLY HARM INDIVIDUALS, FAMILIES, OR SOCIETY? 319-324 (Lynn Wardle, ed., University Press of America, 2008)

Four Arguments, in  DEFENDING SAME-SEX MARRIAGE 161-182 (Mark Strasser, ed., Praeger Publishers, 2006)

Lawrence Past, in THE FUTURE OF GAY RIGHTS IN AMERICA 107-150 (H.N. Hirsch, ed., Routledge, 2005)

Bad Arguments for Gay Marriage, in I DO/I DON'T:  QUEERS ON MARRIAGE (Greg Wharton, ed., Suspect Thoughts Press, 2004)

Publications

Pride’s Progeny: Legal Ramifications of Same-Sex Marriage, 71 Bench and Bar of Minnesota 20 (Jan. 2014)  Sonja Dunnwald Peterson, Nancy Zalusky Bergan and R. Mark Frey 

Justice Scalia’s Constitutional Case for Gay Marriage, 14 Engage: The Journal of the Federalist Society’s Practice Groups 14 (2013)

The Federal Marriage Amendment: Unnecessary, Anti-Federalist, and Undemocratic, The Cato Institute, June 1, 2006 (policy analysis)

A Discourse: Presidential Powers in Time of War, Perspectives: The Magazine of the University of Minnesota Law School 35-41 (Spring 2006) (exchange)  Michael Paulsen and Heidi Kitrosser 

Is the Solomon Amendment Unconstitutional?, 3 Preview of United States Supreme Court Cases 143 (ABA, Nov. 28, 2005)

Analyzing Lawrence v. Texas, 19 Focus on Law Studies 2 (ABA, 2003)

Does the Texas Homosexual Conduct Law Violate the Fourteenth Amendment?, 6 Preview of United States Supreme Court Cases 341 (ABA, 2003)

Selected Legal Briefs

Brief of American Unity Fund and Profs. Dale Carpenter and Eugene Volokh as Amici Curiae in Support of Respondents, Masterpiece Bakeshop Ltd et al. v. Colorado Civil Rights Commission et al. (No. 16-111) (U.S. filed October 26, 2017) (co-author) 

Brief of Amicus Curiae Constitutional Law and Family Law Professors in Support of Respondents, Pidgeon et al.  v. Turner et al. (No. 15-0688) (Tex. filed February 24, 2017) (co-author)

Brief of Amici Curiae Professors of Constitutional and Family Law in Support of Petitioner, Turner et al. v. Pidgeon, et al. (no. 17-524) (U.S. October 20, 2017)

Brief of the Human Rights Campaign and 207,551 Americans as Amici Curiae Supporting Petitioners, Obergefell v. Hodges, Nos. 14-556, 14-562, 14-571 & 14-574 (U.S. filed March 6, 2015) (co-author)

Brief for the Cato Institute in Support of Petitioner as Amici Curiae, Elane Photography LLC v. Willock, No. 13-585 (U.S. filed Dec. 13, 2013) (co-author)

Brief of Federalism Scholars in Support of Respondent as Amici Curiae, United States v. Windsor, No. 12-307 (U.S. filed Mar. 1, 2013) (co-author)

Brief for the Republican Unity Coalition and the Honorable Alan K. Simpson in Support of Petitioners as Amicus Curiae, Lawrence v. Texas, No. 02-102 (U.S. filed Jan. 16, 2003) (co-author)

Book Reviews
On the Legal Frontlines of Same-Sex Marriage, New York Times, June 29, 2014 (reviewing David Boies & Theodore B. Olson, Redeeming the Dream: The Case for Marriage Equality (Viking, 2014))

Book Review, San Francisco Chronicle, May 2, 2014 (reviewing Jo Becker, Forcing the Spring: Inside the Fight for Marriage Equality (Penguin Press, 2014))

Book Review, 8 Engage 154 (June 2007) (reviewing David Blankenhorn, The Future of Marriage (Encounter Books, 2007))

 

Presentations

Testimony
Legislation Related to Marriage Bills
Hearings Before Committees of the Minnesota
Senate and Minnesota House of Representatives
(Mar., Apr., May 2013)

Proposed Amendment to Minnesota Constitution
Hearings Before Committees of Minnesota Senate
and Minnesota House of Representatives (May 2011)

Legislation Related to Marriage Bills
Hearing on S.F. 1732, S.F. 120, and S.F. 1210
Before the Minnesota Senate Judiciary Committee
86th Session (Mar. 2, 2010) (expert witness)

Legislation Related to Marriage Bills
Hearing on H.F. 999, H.F. 1740, and H.F. 893
Before the Minnesota House Civil Justice Committee
86th Session (Feb. 22, 2010) (expert witness)

What Is Needed to Defend the Bi-Partisan
Defense of Marriage Act of 1996?

Hearing Before the Subcommittee on the Constitution
Civil Rights and Property Rights of the Senate Committee
on the Judiciary, 108th Cong., 1st Sess.
(Sept. 4, 2003) (expert witness)

Media

Editorials, Commentary & Letters
Numerous essays on law, politics, and culture contributed as blogger for the Volokh Conspiracy

Why marriage amendment is bad policy, and bad politics, for Republicans, St. Paul Pioneer Press, May 17, 2011 (op-ed)

How the Law Accepted Gays, New York Times, Apr. 28, 2011 (op-ed)

Yes, Protect Marriage. Let Gays Wed, Minneapolis Star Tribune, May 9, 2010 (op-ed)

Anti-Gay but Why Sue?: Fighting eHarmony Ban on Same-Sex Matchups, Chicago Sun-Times, July 9, 2007 (op-ed)

The Federal Marriage Amendment: Anti-democratic, Chicago Sun-Times, June 4, 2006 (op-ed)

Law School Is Anti-discrimination, Not Anti-military, Minneapolis Star-Tribune, Dec. 17, 2005 (op-ed)
(Alex Johnson Jr. and Beverly Balos)

The Bonds of Common Ground, National Review Online, Oct. 25, 2005

Children and Society Would Benefit, Too, Minneapolis Star-Tribune, Sept. 17, 2004 (op-ed)

Sodomites Owe Thanks to Texas Republicans, Houston Chronicle, July 20, 2003 (op-ed)

Other

Book Reviews
On the Legal Frontlines of Same-Sex Marriage, New York Times, June 29, 2014 (reviewing David Boies & Theodore B. Olson, Redeeming the Dream: The Case for Marriage Equality (Viking, 2014))

Book Review, San Francisco Chronicle, May 2, 2014 (reviewing Jo Becker, Forcing the Spring: Inside the Fight for Marriage Equality (Penguin Press, 2014))

Book Review, 8 Engage 154 (June 2007) (reviewing David Blankenhorn, The Future of Marriage (Encounter Books, 2007))

Testimony
Legislation Related to Marriage Bills: Hearings Before Committees of the Minnesota Senate and Minnesota House of Representatives (Mar., Apr., May 2013)

Proposed Amendment to Minnesota Constitution: Hearings Before Committees of Minnesota Senate and Minnesota House of Representatives (May 2011)

Legislation Related to Marriage Bills: Hearing on S.F. 1732, S.F. 120, and S.F. 1210 Before the Minnesota Senate Judiciary Committee, 86th Session (Mar. 2, 2010) (expert witness)

Legislation Related to Marriage Bills: Hearing on H.F. 999, H.F. 1740, and H.F. 893 Before the Minnesota House Civil Justice Committee, 86th Session (Feb. 22, 2010) (expert witness)

What Is Needed to Defend the Bi-Partisan Defense of Marriage Act of 1996?: Hearing Before the Subcommittee on the Constitution, Civil Rights and Property Rights of the Senate Committee on the Judiciary, 108th Cong., 1st Sess. (Sept. 4, 2003) (expert witness)