Yale College, B.A.
University of Chicago Law School, J.D.
Professor Dale Carpenter teaches and writes in the areas of constitutional law, the First Amendment, and sexual orientation and the law. In 2007, he was appointed the Earl R. Larson Professor of Civil Rights and Civil Liberties Law. He was the Julius E. Davis Professor of Law for 2006-07 and the Vance K. Opperman Research Scholar for 2003-04. Professor Carpenter was chosen the Stanley V. Kinyon Teacher of the Year for 2003-04 and 2005-06 and was the Tenured Teacher of the Year for 2006-07. Since 2004, he has served as an editor of Constitutional Commentary.
Professor Carpenter received his B.A. degree in history, magna cum laude, from Yale College in 1989. He received his J.D., with honors, from the University of Chicago Law School in 1992. At the University of Chicago he was Editor-in-Chief of the University of Chicago Law Review. He received both the D. Francis Bustin Prize for excellence in legal scholarship and the John M. Olin Foundation Scholarship for Law & Economics.
Professor Carpenter clerked for The Honorable Edith H. Jones of the United States Court of Appeals for the Fifth Circuit from 1992 to 1993. After his clerkship, he practiced at Vinson & Elkins in Houston and at Howard, Rice, Nemerovski, Canady, Falk & Rabkin in San Francisco. He is a member of the state bars of Texas and California.
He is a frequent television, radio, and print commentator on constitutional law, the First Amendment, and sexual orientation and the law.
Education
University of Chicago Law School
J.D. 1992, with honors
Member, University of Chicago Law Review, 1990-91
Editor-in-Chief, University of Chicago Law Review, 1991-92
D. Francis Bustin Prize for excellence in legal scholarship
John M. Olin Foundation Scholarship for Law & Economics
Yale College
B.A. 1989, magna cum laude, distinction in major (history)
John Addison Porter Prize for best American history senior essay (topic: Griswold v. Connecticut)
Flagrant Conduct: The Story of Lawrence v. Texas: How a Bedroom Arrest Decriminalized Gay Americans (W. W. Norton & Company, 2012)
Book Chapters
The Unconservative Harms 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)
Journal Articles
A Traditionalist Case for Gay Marriage, 50 South Texas Law Review 93 (2008-2009)
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)
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)
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 & 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 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)
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)
Speaker, The Unknown Past of Lawrence v. Texas, Public Law Workshop, University of Minnesota Law School, Minneapolis, Minnesota (Mar. 25, 2010)
Speaker, Legal Developments Regarding Gay Civil Rights, St. Olaf College, Northfield, Minnesota (Mar. 17, 2010)
Speaker, Religious Liberty and Same-Sex Marriage, Symposium, University of San Francisco Law School, San Francisco, California (Feb. 26, 2010)
Speaker, Traditionalist Case for Same-Sex Marriage, University of Florida Levin College of Law, Gainesville, Florida (Feb. 10, 2010)
Speaker, Traditionalist Case for Same-Sex Marriage, Florida Coastal Law School, Jacksonville, Florida (Feb. 9, 2010)
Speaker, Traditionalist Case for Same-Sex Marriage, Stetson Law School, Gulfport, Florida (Feb. 8, 2010)
Meeting with Governor Tim Pawlenty and Log Cabin Republicans, St. Paul, Minnesota (Oct. 7, 2009)
Participant, Summit of Opposing Leaders in Same-Sex Marriage Debate, Institute for American Values, New York, New York (Sept. 23-24, 2009)
Speaker, Freedom of Association, Federalist Society, University of San Diego School of Law, San Diego, California (Apr. 21, 2009)
Speaker, The Aftermath of Proposition 8 in California, Federalist Society, University of Illinois College of Law, Champaign, Illinois (Apr. 13, 2009)
Presenter, Super CLE on Constitutional Law, University of Minnesota Law School, Minneapolis, Minnesota (Mar. 16, 2009)
Speaker, Update on Developments in Gay Marriage, Human Rights Center, University of Minnesota Law School, Minneapolis, Minnesota (Mar. 15, 2009)
Debate, Legislative v. Judicial Strategies for SSM, co-sponsored by Federalist Society and American Constitution Society, University of Southern California Gould School of Law, Los Angeles, California (Jan. 26, 2009)
Debate, Does Lawrence v. Texas Recognize a Fundamental Right?, Marquette University Law School, Milwaukee, Wisconsin (Oct. 20, 2008)
Faculty Workshop, Traditionalism and Gay Marriage, University of Washington School of Law, Seattle, Washington (Oct. 13, 2008)
Speaker, On Being Gay and Conservative, Princeton University, Princeton, New Jersey (Oct. 6, 2008)
Organizer, First Annual Minnesota Conservative Colloquium, Stare Decisis in Constitutional Law, Minneapolis, Minnesota (Oct. 3, 2008)
Speaker, Review of the Supreme Court's 2007 Term, Federal Bar Association, Minneapolis, Minnesota (June 26, 2008)
Panelist, Lawrence v. Texas Five Years Out: Can the Promises of Liberty and Equality Be Fulfilled?, American Constitution Society Annual Conference, Washington, D.C. (June 13, 2008)
Speaker, Update of Marriage Litigation, Chicago Bar Association, Chicago, Illinois (June 6, 2008)
Debater, Resolved: Gays Have Every Right to Marry, Lawyer's Chapter of the Federalist Society, Chicago, Illinois (June 5, 2008)
Presenter, The Constitution in a Conservative Court, Summer CLE, University of Minnesota Law School, Minneapolis, Minnesota (June 2, 2008)
Speaker, Federalist Society, University of Cincinnati College of Law, Cincinnati, Ohio (Apr. 21, 2008)
Panelist, Lawrence v. Texas Five Years Later, American Constitution Society, Emory University School of Law, Atlanta, Georgia (Apr. 11, 2008)
Faculty Workshop, Traditionalism and Gay Marriage, Hofstra University School of Law, Hempstead, New York (Apr. 7, 2008)
Organizer and Speaker, Symposium: Is Gay Marriage Conservative?, South Texas College of Law, Houston, Texas (Feb. 15, 2008)
Speaker, Symposium on Same-Sex Marriage and Gay Adoption, Brigham Young University Law School, Provo, Utah (Nov. 2, 2007)
Faculty Workshop, Traditionalism and Gay Marriage, University of Missouri School of Law, Columbia, Missouri (Oct. 15, 2007)
Speaker, Where Is the Supreme Court Headed?, League of Women Voters, Northfield, Minnesota (Sept. 29, 2007)
Panelist, National Family Law Symposium, University of Richmond School of Law, Richmond, Virginia (Sept. 16, 2007)
Faculty Workshop, Traditionalism and Gay Marriage, Southern Methodist University Dedman School of Law, Dallas, Texas (Sept. 11, 2007)
Speaker, The Constitution in the Rehnquist Court and Beyond, Summer CLE, University of Minnesota Law School, Minneapolis, Minnesota (June 4, 2007)
Speaker, Symposium on Law and Identity, University of Minnesota Law School, Minneapolis, Minnesota (Apr. 7, 2007)
Speaker, The Conservative Case, Case Western Reserve University School of Law, Cleveland, Ohio (Mar. 5, 2007)
Speaker, New Jersey Marriage Decision, Federalist Society, Rutgers Law School, New Jersey (Nov. 6, 2006)
Debater, Gay Marriage, University of Minnesota Law School, Minneapolis, Minnesota (Oct. 17, 2006)
Panelist, Opening of Log Cabin Archives, Tretter Collection, University of Minnesota, Minneapolis, Minnesota (Oct. 7, 2006)
Speaker, Washington Marriage Decision, Seattle Federalist Society, Seattle, Washington (Oct. 2, 2006)
Speaker, Rumsfeld v. FAIR, University of Minnesota Constitution Day, Minneapolis, Minnesota (Sept. 19, 2006)
Speaker, Against the Wisconsin Marriage Amendment, University of Wisconsin-Superior, Superior, Wisconsin (Sept. 18, 2006)
Panelist, Rumsfeld v. FAIR, Cato Institute, Washington, D.C. (Sept. 14, 2006)
Panelist, Is the Federal Marriage Amendment Consistent with Federalism and American Values? (broadcast live by CSPAN), sponsored by the Cato Institute and the Center for American Progress, Washington, D.C. (June 5, 2006)
Speaker, The Constitution in the Rehnquist Court, Summer CLE, University of Minnesota Law School, Minneapolis, Minnesota (May 31, 2006)
Speaker, Conference: Censorship and Institutional Review Boards, Northwestern University Law School, Chicago, Illinois (Apr. 6-7, 2006)
Speaker, Fifth Annual Conference on Sexual Orientation and the Law, UCLA Law School, Los Angeles, California (Feb. 24, 2006)
Moderator, Minnesota Law Review Symposium on the Future of the Supreme Court: Institutional Reform and Beyond, University of Minnesota Law School, Minneapolis, Minnesota (Oct. 21, 2005)
Speaker, Debate on the Texas Marriage Amendment, South Texas College of Law, Houston, Texas (Oct. 11, 2005)
Speaker, Debate on the Constitutionality of the Solomon Amendment, University of Minnesota Law School, Minneapolis, Minnesota (Sept. 26, 2005)
Panelist, Symposium on State Marriage Amendments, Georgia State University College of Law, Atlanta, Georgia (Apr. 16, 2005)
Speaker, Presentation on the Recognition of Gay Families, Liberty Education Forum National Symposium, New Orleans, Louisiana (Apr. 1, 2005)
Panelist and Speaker, Symposium on the First Amendment, University of Minnesota Law School, Minneapolis, Minnesota (Oct. 22, 2004)
Speaker, Debate on Same-Sex Marriage, University of Minnesota, Minneapolis, Minnesota (Sept. 16, 2004)
Panelist, First Amendment Symposium, sponsored by the Minnesota League of Cities, Brainerd, Minnesota (July 21, 2004)
Speaker, Debate on Same-Sex Marriage, St. Olaf College, Northfield, Minnesota (May 4, 2004)
Speaker, Presentation on Same-Sex Marriage, University of Missouri School of Law, Columbia, Missouri (Apr. 19, 2004)
Moderator, Debate on Same-Sex Marriage, University of Minnesota, Minneapolis, Minnesota (Apr. 15, 2004)
Speaker and Panelist, Presentation on Same-Sex Marriage, Carleton College, Northfield, Minnesota (Apr. 8, 2004)
Speaker, Debate on State Constitutional Marriage Amendment, Face to Face (Twin Cities Public Television) (Apr. 1, 2004)
Speaker, Debate on Same-Sex Marriage, University of Minnesota Law School, Minneapolis, Minnesota (Mar. 10, 2004)
Speaker, Debate on Same-Sex Marriage, University of St. Thomas School of Law, Minneapolis, Minnesota (Mar. 9, 2004)
Speaker, Debate on Same-Sex Marriage, William Mitchell College of Law, St. Paul, Minnesota (Mar. 9, 2004)
Speaker and Panelist, Symposium on Gay Rights, South Texas College of Law, Houston, Texas (Feb. 13, 2004)
Speaker, Debate on Same-Sex Marriage, University of Virginia Law School, Charlottesville, Virginia (Jan. 19, 2004)
Panelist and Speaker, Minnesota Law Review Symposium on Gay Rights after Lawrence v. Texas, University of Minnesota Law School, Minneapolis, Minnesota (Nov. 21-22, 2003)
Panelist and Speaker, Panel on Lawrence v. Texas, Cardozo School of Law, Yeshiva University, New York, New York (Oct. 2003)
Panelist, Panel on Lawrence v. Texas, William Mitchell Law School, St. Paul, Minnesota (July 2003)
Commentator on Lawrence v. Texas, Daytime with Linda Vester (Fox News) (June 26, 2003)
Panelist, Symposium on the Bicentennial of Marbury v. Madison, University of Minnesota Law School, Minneapolis, Minnesota (Mar. 2003)
Panelist and Speaker, Panel on Freedom of Association, AALS Annual Meeting, Washington, D.C. (Jan. 2003)
Participant, Colloquium on the 40th Anniversary of Hayek's The Constitution of Liberty, San Diego, California (Nov. 29-Dec. 2, 2001)
Panelist and Speaker, Minnesota Law Review Symposium on the Freedom of Expressive Association, University of Minnesota Law School, Minneapolis, Minnesota (Feb. 2001)
