Thursday June 26, 2003

MY BLOOD RUNS COLD. Been reading Scalia's dissent on today's decision. Hair-raising. At one point he lists high-court decisions that relied upon Bowers for guidance:

It seems to me that the "societal reliance" on the principles confirmed in Bowers and discarded today has been overwhelming... See, e.g., Williams v. Pryor, 240 F. 3d 944, 949 (CA11 2001) (citing Bowers in upholding Alabama's prohibition on the sale of sex toys...)... Milner v. Apfel, 148 F. 3d 812, 814 (CA7 1998) (citing Bowers for the proposition that "[l]egislatures are permitted to legislate with regard to morality . . . rather than confined to preventing demonstrable harms"); Holmes v. California Army National Guard 124 F. 3d 1126, 1136 (CA9 1997) (relying on Bowers in upholding the federal statute and regulations banning from military service those who engage in homosexual conduct); Owens v. State, 352 Md. 663, 683, 724 A. 2d 43, 53 (1999) (relying on Bowers in holding that "a person has no constitutional right to engage in sexual intercourse, at least outside of marriage"); Sherman v. Henry, 928 S. W. 2d 464, 469, 473 (Tex. 1996) (relying on Bowers in rejecting a claimed constitutional right to commit adultery). We ourselves relied extensively on Bowers when we concluded, in Barnes v. Glen Theatre, Inc., 501 U. S. 560, 569 (1991), that Indiana's public indecency statute furthered "a substantial government interest in protecting order and morality, ibid., (plurality opinion); see also id., at 575 (SCALIA, J., concurring in judgment). State laws against bigamy, same-sex marriage, adult incest, prostitution, masturbation, adultery, fornication, bestiality, and obscenity are likewise sustainable only in light of Bowers' validation of laws based on moral choices. Every single one of these laws is called into question by today's decision...

And he says it like that's a bad thing.

Elsewhere, Scalia says "there is no right to 'liberty' under the Due Process Clause, though today's opinion repeatedly makes that claim." His conclusion is just -- brrrrrrr.

About what goes on in George W. Bush's brain, we can only speculate, protected as that rat's-nest is by enablers and publicists. But Scalia's in a different line of work, and on his job he can let the slimey string all the way out. And my blood runs cold to think that a freedom-hating scumbag like this is placed so high in the government of my country.