: Justice Scalia’s logic in his defense of the Texas sodomy law has been rolling around inside me like a botulistic oyster. He argues that by overturning this law, all laws based on morality are up for grabs. He quotes the Bowers decision: “…if all laws representing essentially moral choices are to be invalidated under the Due Process Clause, the courts will be very busy indeed.” OK, let’s carry that to its logical end. Laws on murder, rape, theft, assault, hate are all based on morality — all based on society’s shared view that these things are wrong, that they are immoral and should be illegal. Thus, Scalia is putting homosexuality and sodomy in the same moral bucket with murder, rape, theft, assault, and hate. He says that if you don’t forbid homosexuality, all other moral decisions are baseless. In what universe? In what church? In what nation? That is patently offensive and downright stupid.
: Atrios says:
I have to admit I