Griswold: Can the Government ban contraceptives.
It is an object or a product that people can purchase, no different than booze. See Amendment 18.
State by state so long as the ban or it’s enforcement isn’t discriminatory (Amendment 14; equal protection).
Lawrence: Can the Government ban sodomy.
Same as above. Unless the Constitution explicitly says that sodomy is not permitted in the USA, it’s a state by state issue - so long as the ban and it’s enforcement isn’t discriminatory.
In a sane world, it would be no one’s business what sexual acts consenting adults engage in, but sodomy is still banned in the U.S. military right now and our system of governance is not based on sanity (or a meritocracy), but on votes, i.e. a pure numbers game.
Obergefell: Same Sex Marriage.
Absolutely not. Not unless equal protection and full faith are removed from the Constitution first.
The very idea is in and of itself discriminatory. “Marriage” should not be preceded by any adjectives in the first place. The government should not be in the marriage business at all either.
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June 26, 2022 at 04:56PM - E Pluribus OTAP
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Griswold: Can the Government ban contraceptives. It is an object or a product that people can purchase, no different than booze...
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