Sliding Down The Slippery Slope
Last year, in the run-up to the Supreme Court’s decision in Lawrence v. Texas, conservatives argued that laws criminalizing homosexual sodomy are, whatever their wisdom, clearly constitutional. They were derided for arguing that there is no principled distinction between such laws and similar statutes illegalizing, for instance, adultery and polygamy. Well, the Supreme Court struck down the homosexual sodomy statute, and the ACLU wasted no time in helping bring a challenge (so far unsuccessful) to Virginia’s anti-adultery law. And today, in USA Today, law professor Jonathan Turley urges the Court to strike down an anti-polygamy statute—citing Lawrence v. Texas, of course.