The Law: Liberty in Privacy

In Indiana several years ago. a wife settled a fight with her husband by having him arrested for sodomy, "the abominable crime against nature" that is forbidden by nearly all the 50 states. Result: the husband received a maximum 14-year prison sentence for doing what many people now regard as unobjectionable. Fortunately for him, a federal court of appeals reversed his conviction, implying that Indiana's anti-sodomy law itself might well be unconstitutional.

A three-judge federal court in Texas has now made that implication explicit by throwing out Texas' sodomy statute as an unconstitutional invasion of privacy. At issue was a suit by...

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