But Justice Sandra Day O'Connor was more explicit in a concurring opinion, arguing that “[m]oral disapproval of a group cannot be a legitimate governmental interest, and equating "moral disapproval" of a group with a "bare desire to harm the group." This was a radical assertion with enormous consequences for American jurisprudence. As Justice Scalia pointed out in dissent, “This effectively decrees the end of all morals legislation,” including “criminal laws against fornication, bigamy, adultery, adult incest, bestiality, and obscenity.”
So here's a question for Newt Gingrich involving not his personal life, but his own comment on a public policy question:
Should states be able to make adultery a criminal offense?
