Monday, December 13, 2010

"When You Break the Big Laws...."

G K Chesterton should be required reading for any serious adult.

About 100 years ago, he predicted the course of law in the US:

"When you break the big laws, you do not get freedom; you do not even get anarchy. You get the small laws."

Althouse elaborates, using Lawrence, a case for which Justice Kennedy's name shall live in infamy.

First she quotes Scalia in dissent:

The Court embraces instead Justice Stevens’ declaration in his Bowers dissent, that “the fact that the governing majority in a State has traditionally viewed a particular practice as immoral is not a sufficient reason for upholding a law prohibiting the practice.” This effectively decrees the end of all morals legislation. If, as the Court asserts, the promotion of majoritarian sexual morality is not even a legitimate state interest, none of the above-mentioned laws can survive rational-basis review.

And adds her post-mortem:

Of course, the Court did assert that in Lawrence, so according to Justice Scalia, under the existing precedent, consensual adult incest cannot survive rational-basis review...

Now we will have 'little laws:' anti-discriminatory piddling-at-the-tree rather than law which is 'big,' and universally understood as a foundation of Right Order.

HT: McCain the Winner

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