Gallery Carre
What was Craig’s Crime? (The Volokh Conspiracy)
Aug 29th, 2025 by Viviane
Law prof. Dale Carpenter writes:
It’s hard to work up much sympathy for Sen. Larry Craig (R-Idaho). He had a perfect legislative score from traditional-values groups, a zero rating from gay civil-rights groups, supported the Federal Marriage Amendment, and refused even to commit to non-discrimination on the basis of sexual orientation in hiring for his own Senate staff. But what exactly was criminal about his conduct in that Minneapolis airport bathroom? . . .
. . .What really seems to have happened is that the airport police had received complaints about sexual activity and were acting over-zealously to deter it, regardless of the niceties of state criminal law. Many gay men throughout our history have felt the sting of these public decency campaigns, have been arrested for alleged sex crimes, and have pleaded guilty at unusually high rates in order to avoid the embarrassment and other consequences of being outed. When newspapers print their names, as they often do, the consequences can be devastating. Like them, Craig probably wanted to avoid publicity and pleaded guilty to “disorderly conduct” in a futile effort to save his reputation and his job. Whatever we think of Craig’s views on gay rights, or of the cosmic justice in this particular Senator being ensnared in these particular circumstances, it’s difficult to see how he’s a criminal.
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