June 26, 2003

Supreme Court Pro-Privacy Opinion

"...times can blind us to certain truths and later generations can see that laws once thought necessary and proper in fact serve only to oppress. As the Constitution endures, persons in every generation can invoke its principles in their own search for greater freedom."

The opinion is here (pdf).

Isn't that quote great? That's a history book quote. That's awesome.

Update: One of Scalia's unbelievable arguments in dissent is comparing gays to nudists. That there is no law against being a nudist, but there are anti-nudity laws, and that these laws are constitutional. Similarly, there is no law against being gay, but there should be able to be laws against homesexual *behavior*. He didn't bring it up in direct argument against overturning the law, but it's an unbelievable argument. In arguments of analogy, the trick is to find the place where the parallelism breaks down. Here the one that just screams out is that there is no anti-nudity law that applies to private behavior. That means that taking a bath would be against the law. What an idiot.

Posted by Curt at June 26, 2003 10:29 AM