re: #171 Obdicut

We don’t legislate against adultery, we don’t legislate against unprotected sex, we don’t legislate against sex between unmarried people— the only possible way for scalia’s argument to legislate against homosexuality would be to justified would be if we also legislated against heterosexual conduct. Which we don’t.

He’s saying don’t legislate such conduct, but he thinks the Constitution permits such legislation.