[Steve_Seattle]

"the law is fundamentally un-American"

Without necessarily wanting to defend the law in question, I think it is historically inaccurate to describe such laws as "un-American". Throughout most of our history, we have had laws regulating private, voluntary conduct. There have been laws against sodomy, fornication, adultery, pornography, "undermining" marriages (I forget the legal term), drug and alcohol use, contraception, abortion, and so on. As the values of the public change, the laws either change or cease to be enforced. I think the author is way off base in saying that these are constitutional issues - the Constitution simply does not address them. These are legislative issues, and that is where they should be dealt with. You will notice that the author's argument makes no reference whatsoever to any specific provision of the Constitution.

[madprof98]

I think the author is way off base in saying that these are constitutional issues - the Constitution simply does not address them. These are legislative issues, and that is where they should be dealt with.

Exactly right.

[irish_links]

"...I think the author is way off base in saying that these are constitutional issues - the Constitution simply does not address them. These are legislative issues, and that is where they should be dealt with...."

A superb, short, sweet and right on point analysis, Steve_Seattle. I just wanted to commend you for your valuable post.

Carry on.

[tahiti]

"the Constitution simply does not address them."

Amendment IX, U.S. Constitution:

"The enumeration in the Constitution of certain rights, shall not be construed to deny or disparage others retained by the people."

If I have to explain it to you why this amendment is the constitutional basis for overturning "sodomy" laws, then you do not think from the starting point of a "presumption of liberty."