Morals Legislation and the Establishment Clause

Abstract

In my essay entitled Morals Legislation and the Establishment Clause, I argue that in Lawrence v. Texas, the Court correctly concluded that morality alone was not enough to justify legislation. Unlike, the Court, I predicate that conclusion on the Establishment Clause. In my view, morals legislation should be divided into two types: Morality simpliciter and purposive morality. Purposive morality, i.e., morality predicated on a legitimate secular rationale, presents no Establishment Clause problem. But morality simpliciter, i.e. that which is immoral simply because somebody says it is immoral, violates the Establishment Clause.