[Qwerty]

"Make a constitutional argument that will differentiate the right to consensual gay sex from a right to bigamy, polygamy, incest, or adultery. Legislatures, of course, have long differentiated among certain acts, but what happens if the Supreme Court tells them to cease and desist?"

Are there any laws on the books against adultery? Can people be arrested or ticketed for sleeping with someone other than their spouse?

Polygamy and bigamy are not legal, but they are marriage issues and no marriage issues are in play in the Texas case. So that is irrelevant.

Are we defining incest as between blood related members of the immediate family? Some states permit marriages of at least second cousins, I believe. In any event, what is the penalty for, say, a brother sleeping with his sister if they are both over the age of consent? Can police lawfully arrest them?

If there are no laws against these things, and there is no penalty... I'd say they have a de facto right.

[John Valentine]

Are there any laws on the books against adultery?

Is the Pope a practicing Catholic? Duh. Of COURSE there are laws against adultery on the books in many jurisdictions.

Ditto consensual incest. Ditto bestiality.

The point of the homos is that there shold be no laws that regulate what they do with their little weenies and thingies in private.

Well, if those privacy considerations govern for homos, then they also govern for animal lovers, family "get togethers", and every other sort of consensual romp.

If not, then not, but the principle holds.

[Fledermaus]

There are defacto laws against adultery. Many states have "alienation of affection" laws which protect the spouse cheated on.

And adultery can be used in civil courts when a divorce splits up assets.

[marbren]

What about beastiality?

[Adder]

Are there any laws on the books against adultery? Can people be arrested or ticketed for sleeping with someone other than their spouse?

Ticketed, no but there are laws against adultery and civil penalties can be attached for such things as alienation of affection....recently a woman was awarded a one mil judgement because hubby had an affair[adultery]. So yes there are penalties. Not all penalties are criminal, ya know.

Polygamy and bigamy are not legal, but they are marriage issues and no marriage issues are in play in the Texas case. So that is irrelevant.

No, its not. It is entirely relevant because it IS illegal and infringes on the supposed right to privacy. Are you saying gay marriages should be legal? That minimum age requirements for marriage are irrelevent and should be ignored/repealed?

Can police lawfully arrest them?

yes. Check out the laws in your state or others.

[Publius6961]

If there are no laws against these things, and there is no penalty... I'd say they have a de facto right.

It's too early in the morning for pretzel logic!

Although I have a suspicion that later in the clarity of full light both physical and intellectual, the fallacy of this statement will become clear.

non enforcement of a criminal statute transforms it into a "right"?

[BOOTSTICK]

Here in Florida a 42 year old uncle was having sex with his 29 year old neice, both are now serving time in the county lock up.