Scalia, Lawrence v. Texas, and the legitimizing of incest


After finding a constitutional right to kill your baby in the 1973 Roe v. Wade decision, the Supreme Court found it had not done sufficient damage to the Republic. In 2003, it raised the unrestrained libido to the level of constitutionally protected behavior in Lawrence v. Texas. What is notable is that both activities, abortion and buggery, were capital offenses under English Common Law and retained that status throughout the 18th century. This is not to advocate the reinstatement of capital punishment for these acts (though I’m open to being convinced) but to point out how, in an amazingly short period of time, we’ve gone from treating some activities as felonies to making it a felony to interfere with the activities.

In his dissent to Lawrence, Justice Antonin Scalia had this to say:

State laws against bigamy, same-sex marriage, adult incest, prostitution, masturbation, adultery, fornication, bestiality*, and obscenity are likewise sustainable only in light of Bowers’ validation of laws based on moral choices. Every single one of these laws is called into question by today’s decision; the Court makes no effort to cabin the scope of its decision to exclude them from its holding.

If moral disapprobation of homosexual conduct is ‘no legitimate state interest’ for purposes of proscribing that conduct … what justification could there possibly be for denying the benefits of marriage to homosexual couples exercising ‘[t]he liberty protected by the Constitution?’

Scalia was accused of hyperbole and creating a “parade of horribles” that, you know, would never ever happen. Oddly enough, Scalia’s dissent has been cited by a handful of federal judges as the rationale for their overturning the will of the people and imposing by fiat a social invention that had been expressly rejected by the electorate.

As bad ideas in Europe soon become bad ideas in the United States, let’s take a quick look on the horizon. Earlier in the year I posted on the trend that is seeking to mainstream incest. Now Germany has spoken:

Laws banning incest between brothers and sisters in Germany could be scrapped after a government ethics committee said the they were an unacceptable intrusion into the right to sexual self-determination.

“Criminal law is not the appropriate means to preserve a social taboo,” the German Ethics Council said in a statement. “The fundamental right of adult siblings to sexual self-determination is to be weighed more heavily than the abstract idea of protection of the …read more    

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