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Carolina law, see N.C. Gen. Stat. Ann. § 14-177 (West 2000), though as in the case of Mississippi, the sodomy statute is unenforceable. Under Oklahoma law, “AIDS prevention education” must “specifically teach students that … engaging in homosexual activity, promiscuous sexual activity, intravenous drug use or contact with contaminated blood products is now known to be primarily responsible for contact with the AIDS virus.” Okla. Stat. Ann. tit. 70, § 11-103.3(D) (West 2005). South Carolina prohibits health education programs from discussing “alternate sexual lifestyles from heterosexual relationships” except in the context of sexually transmitted disease instruction. S.C. Code Ann. § 59-32-30(A)(5) (2004). Texas requires education programs for those eighteen and younger to “state that homosexual conduct is not an acceptable lifestyle and is a criminal offense.” Tex. Health & Safety Code Ann. § 85.007 (Vernon 2001). In Utah, the laws governing public schools prohibit “instruction in … the advocacy of homosexuality.” Utah Code Ann. § 53A-13-101(1)(c)(iii) (Supp. 2004); Utah Admin. Code r. 277-474-3(A) (2001).

60 In some states In Arizona, for example, an executive order bars discrimination based on sexual orientation by state agencies. Ariz. Exec. Order No. 2003-22 (June 21, 2003). Any positive portrayal of homosexuality in the public schools of that state, however, is prohibited under Ariz. Rev. Stat. Ann. § 15-716(C)(1) to (3) (2002).

61 As psychology professor E. L. Pattullo E. L. Pattullo, “Straight Talk About Gays,” Commentary, December 1992, p. 22.

62 Antigay psychologists Paul Cameron and Kirk Cameron, “Do Homosexual Teachers Pose a Risk to Pupils?” Journal of Psychology 130 (November 1996): 603.

63 In 1978 Ratchford v. Gay Lib, 434 U.S. 1080, 1084 (1978) (Rehnquist, J., dissenting from denial of certiorari).

64 In the 1990s Simon LeVay, “A Difference in Hypothalamic Structure Between Heterosexual and Homosexual Men,” Science 253 (August 1991): 1034–37; Dean H. Hamer et al., “A Linkage Between DNA Markers on the X Chromosome and Male Sexual Orientation,” Science 261 (July 1993): 321–26; J. A. Y. Hall and D. Kimura, “Dermatoglyphic Asymmetry and Sexual Orientation in Men,” Behavioral Neuroscience 108 (December 1994): 1023–26.

65 One famous study J. Michael Bailey and Richard C. Pillard, “A Genetic Study of Male Sexual Orientation,” Archives of General Psychiatry 48 (December 1991): 1089–96.

66 Neuroanatomist Simon LeVay’s brain study Simon LeVay, “A Difference in Hypothalamic Structure.” For further limitations and confounding factors in the study, see Simon LeVay, The Sexual Brain (Cambridge: MIT Press, 1993), pp. 120–23; LeVay, Queer Science, pp. 143–47. For further challenges, see W. Byne and B. Parsons, “Human Sexual Orientation: The Biological Theories Reappraised,” Archives of General Psychiatry 50 (March 1993): 228–39; W. Byne, “Is Homosexuality Biologically Influenced? The Biological Evidence Challenged,” Scientific American 270 (May 1994): 50–55; W. Byne, “Science and Belief: Psychobiological Research on Sexual Orientation,” Journal of Homosexuality 28 (June 1995): 303–44.

67 The claim seemed too close For instance, Havelock Ellis described the adoption of “feminine” behaviors and affect by “inverted men.” Havelock Ellis, Studies in the Psychology of Sex: Sexual Inversion, vol. 2 (London: University Press, 1897), p. 12.

68 This was a disqualifying move LeVay’s methods for determining sexual orientation are questionable. Of his forty-one subjects, he took nineteen of the thirty-five men to be “homosexual” (“one bisexual man was included in this group”) based on information in their medical records. LeVay, “A Difference in Hypothalamic Structure,” p. 1035. All had died of AIDS-related complications. Of the six “heterosexual” men who had died of AIDS-related complications, “two … had denied homosexual activity.” Ibid., p. 1036 n. 7. The records of the remaining fourteen “heterosexual” patients (four of whom died from AIDS-related complications) contained no information regarding sexual orientation, and