The Corner

Jeffrey Rosen,

the legal-affairs editor of The New Republic, thinks that “as a constitutional matter, Lawrence [the Texas sodomy case] is worse than Roe. . . . [T]he Court embraced and extended a sweeping and amorphous right to sexual liberty that is even harder to locate in the text or history of the Constitution than the right of reproductive autonomy that the Court discovered in Roe.” He thinks that the law should have been struck down on the equal-protection grounds outlined by Justice O’Connor’s concurrence–which would have left across-the-board bans on sodomy in place.

Ramesh Ponnuru is a senior editor for National Review, a columnist for Bloomberg Opinion, a visiting fellow at the American Enterprise Institute, and a senior fellow at the National Review Institute.

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