Justice Tobriner and the Tolerance of Evolving Lifestyles: Adapting the Law to Social Change

The California Supreme Court has decided many cases arising out of types of conduct that have gained a degree of social acceptance only in recent years - conduct that includes cohabitation of unmarried couples, certain sexual behavior, sex-oriented expression, and marijuana use. The author, focusing on the opinions of Justice Tobriner, analyzes the relationship between social change and judicial decision. The author concludes that Justice Tobriner's philosophy of individual tolerance has influenced the court to approach the legal consequences of evolving lifestyles with sensitivity and tolerance.