The Cincinnati Post's editorial today covered last Thursday's Sodomy ruling. The Post wants us to listen to the screed of Justice Salia's dissent as some kind of warning that allowing the Supreme Court to trump a legislature will bring about lawlessness. The hidden problem here is a more stodgy reading of history. The Post wants to focus on the fact that sodomy was considered "wrong" historically in this country, which was true. So was slavery. So was refusing women the right to vote. So was the right of the state to control a woman's body.
The constitution is not rigid. It is ebbs and flows. It is a living and breathing document. It also is there to protect the minority from the tyranny of the mob. The right of privacy is a fundamental right of American Society. "A man's home is his Castle" is an old and true maxim. What you do in your bedroom is a not for the government to concern it self as long as no one is harmed. It is the duty of the government to prevent an oppressive majority religion from using its set of behavior rules as the basis to force the entire populace to comply with its teachings. Life, Liberty and the Pursuit of Happiness is not codified law in this country, but the sentiment surely applies and so does the 14th Amendment.