Would the Court have recognized a right of a married couple to engage in sodomy? If the Constitution does protect privacy, shouldn't it protect--if anything--consensual sex in a private home, raising as it does both issues of decisional and spatial privacy? Is "Don't Ask, Don't Tell" constitutional? Subscribe to our mailing list. How strong do you think it is? Judges and public officials will then be required to recognize as a marriage any sexually Intimate bond between two people who want to call themselves married. The law encompasses the relationship only in a legal way.
The Court in Bowers seemed very concerned about the slippery slope.
Same-Sex "Marriage" Is Not a Civil Right
Is "Don't Ask, Don't Tell" constitutional? But this is entirely inappropriate for making the case for same-sex "marriage. The Court in Bowers seemed very concerned about the slippery slope. Justice Scalia strongly criticized the majority's reliance, in Lawrenceon European decisions affording legal protection to homosexuals engaging in private sexual conduct. There is no civil-rights discrimination involved when the law refuses to recognize my auto club as a church.
It is about the nature of reality and interpretations of reality that precede the law. In a 5 to 4 decision by Justice Kennedy, the Court said "careful consideration" had to be given to "discriminations of unusual character. Otherwise, the appeal amounts to nothing more than a request that homosexual partners be allowed to call themselves what they want to call themselves regardless of the differences that exist in reality. The antidiscrimination principle is appealed to not in order to show that some married couples have previously been denied the recognition of their marriage. Let's say you contract with me to paint your house. For thousands of years, marriage law has concerned itself with a particular kind of enduring bond between a man and a woman that includes sexual intercourse—the kind of act that can but does not always lead to the woman's pregnancy.