In one sense the Supreme Court’s opinion today in Lawrence v. Texas, asserting the existence of a constitutional right to homosexual sodomy, was utterly predictable. Thirty years ago the liberal constitutional scholar John Hart Ely wrote a classic law review article (“The Wages of Crying Wolf”) condemning the jurisprudence of Roe v. Wade, and Lawrence is in a sense only a few steps further down the jurisprudential arc that will end, as Justice Scalia notes in dissent, in the constitutional right to homosexual marriage, prostitution, bigamy, and adult incest.
In another sense that is worthy of note, however, it is an amazing disgrace. The United States alone in the world is a country founded on the proposition that all men are created equal and are endowed by their Creator with the right to life, liberty, and the pursuit of happiness and that government is instituted among men to secure these rights. These rights exist under what the Declaration of Indepence — the first of the organic laws of the United States — refers to as the laws of nature and Nature’s God.
Among the founders, sodomy was universally condemned as a crime against nature. It was illegal in each of the thirteen states existing at the time the Constitution was ratified and the Bill of Rights was adopted. In Thomas Jefferson’s Virginia, it was a crime punishable by death. When Jefferson wrote an amendment to the criminal code lessening the penalty for sodomy, he nevertheless classed it as a crime with rape, polygamy, and incest.
Today the Supreme Court declares that homosexual sodomy constitutes “a form of liberty of the person in both its spatial and more transcendent dimensions.” Justice Kennedy, the author of this nauseating palaver, is obviously so in love with what he thinks is his own eloquent rhetoric that he fails to notice his laughable double entendre. What is not funny, however, is the destruction of the recognition of the laws of nature and nature’s God on which our true rights depend. The Supreme Court’s opinion today is an act of political destruction that should be recognized as such.