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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 06:02 pm (UTC)
From: [identity profile] sierra-nevada.livejournal.com
Plastic Surgery is also well regulated by market forces - it's elective, and not (generally) a matter of life & death. I would argue that the healthcare market is otherwise skewed badly by urgent necessity on the part of the consumers.

I'm fully in favor of school vouchers to inject market discipline on the educational system - something the teachers' unions have mostly successfully resisted. I still think that education should be required of all minors, unless we decide that people without a high school diploma (or equivalent) aren't allowed to vote.

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Elf Sternberg

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