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Bolick On Sodomy


My friend Clint Bolick has a clever op-ed in the Washington Post arguing that the same-sex sodomy law at issue in the Texas v. Lawrence case before the Supreme Court should be struck down on free-association grounds–the same grounds that the Court struck down New Jersey’s attempt to tell the Boy Scouts that they could not ban openly gay scoutmasters. The op-ed is certainly a lot more persuasive than the constitutional argument he and his colleagues at the Institute for Justice submitted to the Court. Its argument for a parallel between the sodomy and Boy Scouts cases has some force. The implications of that parallel are, however, debatable: I was never all that keen on the Court’s decision in the Scouts case.


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