Sodomy is a Constitutional Right, But Incest is not-----yet

In Lawrence v. Texas (2003) the Supreme Court invalidated Texas’s sodomy law as violating the United States Constitution. The case involved “two adults who, with full and mutual consent from each other, engaged in sexual practices common to a homosexual lifestyle.” Justice Anthony Kennedy wrote for a majority of the Court that “there are other spheres of our lives and existence, outside the home, where the State should not be a dominant presence. Freedom extends beyond spatial bounds. Liberty presumes an autonomy of self that includes freedom of thought, belief, expression, and certain intimate conduct. The instant case involves liberty of the person both in its spatial and more transcendent dimensions.” The Supreme Court therefore ruled that “[t]heir right to liberty under the Due Process Clause gives them the full right to engage in their conduct without intervention of the government.” That Lawrence v. Texas serves only, regardless of the merits of its outcome, to utterly abuse the original meaning of the Constitution is beyond doubt. But more importantly, Justice Antonin Scalia pointed out in his dissent that the logical extension of Lawrence v. Texas should be the elimination of laws against adultery, incest, polygamy, bestiality, and more once morality alone can no longer serve as the basis for legislation. “State laws against bigamy, same-sex marriage, adult incest, prostitution, masturbation, adultery, fornication, bestiality, and obscenity are…sustainable only in light of…validation of laws based on moral choices. Every single one of these laws is called into question by today’s decision,” Scalia warned.

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