Kathryn, re the Scalia remarks, I just received the following comment from Ed Whelan, President of the Ethics and Public Policy Center in Washington DC, where Scalia made the remarks I heard:
Justice Scalia gave a speech here on Sept. 20. (That’s the one Stanley Kurtz attended.) In that speech, he made the point that even if one were to adopt arguendo the assumption that orgies are socially beneficial, that assumption wouldn’t entitle judges to strike down laws against orgies. As a former clerk of his, I am certain that he made this same arguendo point at Harvard. Evidently it was a tad too subtle for the Crimson reporter.