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How Privacy Went Public
WSJ ^ | 2/8/05 | James Taranto

Posted on 02/09/2005 10:24:35 AM PST by dervish

None of these cases rest on solid legal ground. As Justice Douglas acknowledged in Griswold, the right to privacy is to be found not in the Constitution but in its "penumbras" and "emanations." At the same time, there is a strong political consensus against the government intruding into people's bedrooms. If Griswold and Lawrence disappeared from the books tomorrow, it's unlikely any state would rush to re-enact laws against contraceptives or consensual sodomy.

Abortion and same-sex marriahort ge, by contrast, do spark strong opposition, but not on privacy grounds. Abortion opponents argue that life before birth is worthy of legal protection, while the case against same-sex marriage is that it confers public approval on gay relationships--approval the New York and Massachusetts courts have given without public consent.

(Excerpt) Read more at ...

TOPICS: Constitution/Conservatism; Culture/Society; Editorial; Government
KEYWORDS: abortion; gaymarriage; griswold; judicialactivism; lawrence; privacy; privacyrights; roe; sodomy
Short synopsis of where "penumbras" have brought us.

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1 posted on 02/09/2005 10:24:36 AM PST by dervish
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To: dervish

What a timely and thoughtful article! Thank you for it.

2 posted on 02/09/2005 11:05:47 AM PST by Alia
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