The Corner

For The Record

Just so I can put off more needlessly angry email re: Scalia. I’ve always said that I thought the sodomy laws should go. Like Justice Thomas, if I had the option of voting their fate, I would have repealed them. But I do not think they are — or were — unconstitutional. I think the equal protection arguments have some merit but the sweeping goofyness of the Lawrence decision — particularly the passage cited by Scalia — is in my opinion indefensible. Something can be wrong and constitutional and something can be right and unconstitutional, I suppose. And — by the way — something can even be illegal and constitutional too.

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