SODOMY LAWS are an example of morality laws. Libertarians oppose such laws,which also include laws against such things as private racial discrimination, drug use, cannibalism, cruelty to animals, adultery, and prostitution. The American intelligentsia is confused on this, leaning libertarian when it comes to anything to do with sexual behavior but remaining against drugs and discrimination against blacks. What is interesting is the weakness of the conservative press on morality. I had thought an important element of conservative thought was that virtue is one of the ends of government, or at least an important means to the end of happiness. Plato and Aristotle, and, indeed, almost everyone would have thought so at one time. But even the awareness of virtue as a possible end has vanished for many people. A case in point: Deroy Murdock's National Review column of July 7 in which he criticizes conservatives who favor sodomy laws.

These particular activists, at least in these remarks, make no mention of the fact that, under the Texas statute, John Geddes Lawrence and Tyron Garner were thrown in jail for private, consensual sex inside the bedroom of Lawrence's private apartment.

Most of the social-conservative commentary attacking the Lawrence decision scarcely acknowledges this ugly fact or, even worse, blithely skips right past it.

But is the punishment excessive? Mr. Murdock describes it for us:

After spending a night in custody, Lawrence and Garner were released. After appearing before a judge, they each were forced to pay a $200 fine and $141.25 in court costs. At least until the Supreme Court's June 26 ruling, they also were required to register as sex offenders in four states. In addition, their humiliation --having been dragged outside in their underwear and tossed into a Harris County Sheriff's squad car -- surely was incalculable.

Mr. Murdock is wrong to think that social conservatives do not realize that people will be unhappy if they are punished for sodomy. He is so locked up in his view that sodomy is not misbehavior that he cannot understand that those who disagree with his premise will logically think punishment is a good thing.

Often, however, the point of morality laws is not to try to punish even a large fraction of misbehavior, but merely to stigmatize it and to drive it underground. The punishment could be either death or a day in jail and it would not matter, because it is too hard to catch and convict people once the law is in place. Even if there is not a single arrest, the law can be having a good effect. This is not even special to morality laws. Most burglars are not caught either. But the laws against burglary are still useful, because they force burglars to exercise some discretion in their activities rather than simply overwhelm the householder with superior firepower.

All this does not address why sodomy--or, indeed, cannibalism, drug use, adultery, and so forth--- are misbehavior. That will have to wait for another post.

[ http://php.indiana.edu/~erasmuse/w/03.07.09a.htm ]

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