CalPundit and Cooped Up point to a superbly written article on recent arguments before the Supreme Court with regard to a Texas sodomy law. Some of my favorite passages:
"It's conceded by the state of Texas that married couples can't be regulated in their private sexual decisions," says [plaintiff's attorney] Smith. To which Scalia rejoins, "They may have conceded it, but I haven't."
...Smith argues that there are neutral justifications for bigamy lawsbut none for homosexual sodomy laws. And Rehnquist, in an odd little celebration of the narrow-minded and the judgmental, offers, "Almost all laws are based on disapproval of some people or some conduct. That's why people regulate."
In response to a question from Justice Anthony Kennedy as to whether Bowers is still good law, [district attorney] Rosenthal replies that mores have changed and that "physical homosexual intimacy is now more acceptable." Since he suddenly seems to be arguing the wrong side of the case, an astonished Scalia steps in to say, "You think there is public approval of homosexuality?"
Rosenthal catches his pass, then runs the wrong way down the field: "There is approval of homosexuality. But not of homosexual activity." Scalia wonders how there can be such widespread "approval" if Congress still refuses to add homosexuals to classes of citizens protected by the civil rights laws. "You're saying there's no disapproval of homosexual acts. But you can't ... say that," he sputters.
The writer summarizes this astonishing premise, and the surreal exchange that follows, thus:
So--to sum up--any homosexuals out there who have renounced the actual having-of-sex, and are just gay for the privilege of being stigmatized: Know that you are not only loved in Texas, you may well be its next governor.
CalPundit Kevin Drum comments, "[T]here's nothing -- nothing -- in the Democratic party that comes close to matching swill like this that regularly comes out of the Republican party. Until the Republican leadership repudiates insane bigotry like this, they shouldn't even be accepted in polite society, let alone be allowed to run the country."