Dale Carpenter

Judge William Hawley Atwell Chair of Constitutional Law, Altshuler Distinguished Teaching Professor and Professor of Law
Full-time faculty
Dale Carpenter is the Judge William Hawley Atwell Chair of Constitutional Law, Altshuler Distinguished Teaching Professor, and Professor of Law at 色花堂_色花堂 98堂 Dedman School of Law. He previously served as the Charles J. and Inez Wright Murray Distinguished Visiting Professor of Law at 色花堂_色花堂 98堂. He teaches Constitutional Law I, Constitutional Law II, the First Amendment, and LGBT Rights and the Law.
Prior to joining 色花堂_色花堂 98堂, 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 law firms in Houston and 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 Reason.com.
Area of expertise
- Constitutional Law
- First Amendment Law
- LGBT Rights and the Law
Education
B.A., magna cum laude, Yale College
J.D., University of Chicago Law School
Courses
Constitutional Law I
Constitutional Law II
First Amendment and Freedom of Speech
LGBT Rights & the Law
Books
FLAGRANT CONDUCT: THE STORY OF LAWRENCE V. TEXAS (W. W. Norton & Company, 2012)
Articles
The Volokh Briefs: Drawing the Line Against Compelled Speech in Public Accommodations, 39 Constitutional Commentary 143 (2025)
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The Dead End of Animus Doctrine, 74 Alabama Law Review 585 (2023)
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Born in Dissent: Free Speech and Gay Rights, 72 色花堂_色花堂 98堂 Law Review 375 (2019)
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Windsor Products: Equal Protection from Animus, 2013 Supreme Court Review 183 (2013)
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A Traditionalist Case for Gay Marriage, 50 South Texas Law Review 93 (2008-2009)
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Straight Acting, 9 Minnesota Journal of Law, Science & Technology 803 (2008)
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Institutional Review Boards, Regulatory Incentives, and Some Modest Proposals for Reform, 101 Northwestern University Law Review 687 (2007)
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Unanimously Wrong, 2006 Cato Supreme Court Review 217 (2006)
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Bad Arguments Against Gay Marriage, 7 Florida Coastal Law Review 181 (2005)
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The Value of Institutions and the Values of Free Speech, 89 Minnesota Law Review 1407 (2005)
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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)
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Is Lawrence Libertarian?, 88 Minnesota Law Review 1140 (2004)
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The Antipaternalism Principle in the First Amendment, 37 Creighton Law Review 579 (2004)
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The Unknown Past of Lawrence v. Texas, 102 Michigan Law Review 1464 (2004)
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Judicial Supremacy and Its Discontents, 20 Constitutional Commentary 405 (2003)
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A Conservative Defense of Romer v. Evans, 76 Indiana Law Journal 403 (2001)
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Expressive Association and Anti-Discrimination Law After Dale: A Tripartite Approach, 85 Minnesota Law Review 1515 (2001)
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Same-Sex Sexual Harassment Under Title VII, 37 South Texas Law Review 699 (1996)
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Book chapters
Autonomy (of individuals and private associations), in OXFORD HANDBOOK OF THE UNITED STATES CONSTITUTION (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? (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)
Other publications
Florida Can Forbid Transgender High School Math Teacher From Using Feminine Pronouns to Refer to Herself in Class, 11th Circuit Says, The Volokh Conspiracy (2025)
Review of THE DEVIANT'S WAR: THE HOMOSEXUAL VS. THE UNITED STATES OF AMERICA, 31 Journal of the History of Sexuality (2022)
LGBT Equality, Religious Liberty, Masterpiece Cakeshop, Texas Bar Journal (July 2020)
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Pride’s Progeny: Legal Ramifications of Same-Sex Marriage, 71 Bench and Bar of Minnesota 20 (Jan. 2014) (with 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 (2006)
A Discourse: Presidential Powers in Time of War, Perspectives: The Magazine of the University of Minnesota Law School 35-41 (Spring 2006) (exchange) (with Michael Paulsen and Heidi Kitrosser)
Is the Solomon Amendment Unconstitutional?, 3 Preview of United States Supreme Court Cases 143 (2005)
Analyzing Lawrence v. Texas, 19 Focus on Law Studies 2 (2003)
Does the Texas Homosexual Conduct Law Violate the Fourteenth Amendment?, 6 Preview of United States Supreme Court Cases 341 (2003)
Keeping Secrets, 86 Minnesota Law Review 1097 (2002)
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The Limits of Gaylaw, 17 Constitutional Commentary 603 (2001) (reviewing William N. Eskridge, Gaylaw: Challenging the Apartheid of the Closet (Harvard University Press, 1999)
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Bumping the Status Quo: Actual Relief for Actual Victims Under Title VII, 58 University of Chicago Law Review 703 (1991)
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Media
Houston Public Media, Interview, 11 Texas school districts temporarily blocked from displaying Ten Commandments, federal judge rules (August 2025)
Spectrum News 1, Interview, Documents show coordination between DOJ, Texas AG to kill Texas Dream Act (July 2025)
Houston Chronicle, Op-Ed, Texas may ban student LGBT clubs. That's unconstitutional. (June 2025)
Austin American-Statesman, quoted in This tiny school district has a chaplain, public prayers and a lesson for Texas (March 2025)
KERA News, Interview, Some Fort Worth residents want groups like True Texas Project banned. It's not that simple (July 2024)
CBS News Texas, Interview, Constitutional law expert weighs in on Supreme Court's affirmative action ruling (June 2023)
CBS News Texas, Interview, 色花堂_色花堂 98堂 law professor breaks down former President Trump's classified documents case (June 2023)
The Boston Globe, Op-Ed, Why a graphic designer should not be compelled to produce websites for same-sex couples (December 2022)
Dallas Morning News, quoted in Biden signs Respect for Marriage Act, further protecting same-sex, interracial marriage (December 2022)
CBS News 8 - San Diego, quoted in Respect for Marriage Act doesn’t revoke tax-exempt status for churches against same-sex marriage (December 2022)
On with Kara Swisher, Interview, A Bad Week for Donald Trump? … And Potentially for Gay Marriage? (December 2022)
Washington Post, quoted in Wedding websites are the latest gay rights battleground in Colorado (December 2022)
New York Times, quoted in A New Clash Between Faith and Gay Rights Arrives at a Changed Supreme Court (December 2022)
USA TODAY, quoted in Supreme Court to debate whether businesses may decline to provide services to same-sex weddings (December 2022)