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"Indeed, the rage of theorists to make constitutions a vehicle for the conveyance of their own crude, and visionary aphorisms of government, requires to be guarded against with the most unceasing vigilance."
     -- Joseph Story
     Commentaries on the Constitution of the United States
     Book III, § 1857.

Friday, April 25, 2003

A note of my own (how's that for a switch?), on the whole Santorum flap, and in particular on the matter of public-health reasons for laws against this, that, or the other sexual practice: The only sexual practice which can possibly be a danger to public health is promiscuity. Anal sex did not set AIDS loose among homosexual men, for example; for that they must thank the late fashion of profligate, indiscriminate, and anonymous sexual encounters. And that, to my mind, is the best reason for supporting the idea that marriage ought to be available to gay men. It is also a reason why Sullivan's defense of adultery -- as a purely private matter in which the State ought to have no interest -- ought to go down in flames.

-- posted by Clayton 4/25/2003 02:30:00 PM

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For the more forensically inclined