June 26, 2003

Hit & Run -- another one which sees Lawrence vs. Texas as a victory for liberty:

Liberation Day

The ruling in Lawrence v. Texas presents a rare case of stand-up-and-cheer language in a Supreme Court majority opinion. From Justice Kennedy's ratio:

Liberty protects the person from unwarranted government intrusions into a a dwelling or other private places. In our tradition the State is not omnipresent in the home. And there are other spheres of our lives and existence, outside the home, where the State should not be a dominant presence. [...] It suffices for us to acknowledge that adults may choose to enter upon this relationship in the confines of their homes and their own private lives and still retain their dignity as free persons. When sexuality finds overt expression in intimate conduct with another peson, the conduct can be but one element in a personal bond that is more enduring. The liberty protected by the Constitution allows homosexual persons the right to make this choice.

Posted by Greg Ransom