Reply To: Overturn Lawrence v. Texas

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#1310585
akuperma
Participant

lesschumrahs: At the time of the constitution, no divorce was also the position of the Protestants. In England (and the American colonies), the only way to get a divorce was: 1) be Jews, since they had “personal law” and Jews were governed by Jewish law; 2) an act of parliament, which was usually only available to the royal family. After they secularized domestic relations ( in the late 18th and early 19th centuries), divorce still required an act of the legislature. However at the point of reception of English law in the USA, there was no divorce. The route to Lawrence v. Texas began when they allowed anyone to get divorced, and started decriminalizing extramarital relationships. So reversing Lawrence really means uprooting 200+ years of legal development (and very few Americans want a return to the law as it was in 1789 when the constitution took effect).