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Justice Antonin Scalia, in his dissent from the ruling Lawrence v. Texas, said that the court's overturning its own opinion in Bowers v. Hardwick, "calls into question state laws against masturbation."

Remember, this isn't just Scalia spouting off here. His version of the constitution may be weird, but it's consistent in the notion that some things, such as sexuality and privacy, which aren't explicit in the constitution, are not to be dealt with by the courts but must be deferred to the states. On the other hand, religion, which is explicitly mentioned in the Constitution, is the province of the Court, which has the final say and sometimes defers to "the verdict of history." Anyone who remembers the Judge Bork case can remember his dissenting opinion in Griswold v. Connecticut.

As if that weren't bad enough, the religious right is now interested in "strengthening marriage," which include "addressing deliberate childlessness is marriage."

Isn't that special?

Date: 2004-11-24 05:46 pm (UTC)
From: [identity profile] elfs.livejournal.com
Well, no, it's not "another attack on abortion." It's an attack on privacy, from which both Roe and Griswold get their premises. I think the RR would be perfectly happy to overturn Griswold, Lawrence and Roe in one swoop, even if it meant in effect that we had no privacy from the intrusion of goverment agencies.

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Elf Sternberg

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