Billybob:
Homosexuality WAS illegal. The Supreme Court decided to legalize it. Scalia is exactly right.
There is no legal basis left to deny the other sexual activities involving adults, based on the Court's decision in the Texas sodomy case.
'Sins' like prostitution, polygamy & homosexuality can not be made federal crimes, nor can they be 'legalized'.
-- Public aspects of all three however, can be regulated by State & local authorities using due process within Constitutional bounds.
The Court's decision in the Texas sodomy case changed nothing in that regard. -- It simply enforced the 14th in the Laurence case.
However, the Supreme Court CAN "legalize" anything they want, simply by finding that there is a new "right" under the Constitution which protects such activity. Perhaps you've heard of Roe v. Wade? It was in all the papers.
When the Court gets loose from the Constitution and starts inventing "rights" that are not there, they can legalize anything that five Justices want to, in their Friday afternoon conferences where they decide the cases argued that week.
The only thing preventing the Texas sodomy case from being extended to groups of consenting adults, plus the occasional barnyard animal, except the replacement of Justice O'Connor by Justice Alito. We need at least two more Justices appointed to fill coming vacancies, to assure that the Court will stop inventing "rights."
That is Justice Scalia's point. And if you do not understand that, you need to read his Dissent in the Texas sodomy case. He lays it out chapter and verse.
Congressman Billybob
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