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"This effectively decrees the end of all morals legislation," wrote Justice Antonin Scalia in his dissenting opinion. "State laws against bigamy, same-sex marriage, adult incest, prostitution, masturbation, adultery, fornication, bestiality, and obscenity are likewise sustainable only in light of Bowers' validation of laws based on moral choices," he wrote. "Every single one of these laws is called in to question by today's decision."

Justice Clarence Thomas joined Scalia's dissent, but added his own comment that the Texas antisodomy law "is uncommonly silly" (the term comes from a 1965 decision overturning Connecticut's ban on contraceptives). "If I were a member of the Texas Legislature, I would vote to repeal it," he said. "Punishing someone for expressing his sexual preference through noncommercial consensual conduct with another adult does not appear to be a worthy way to expend valuable law enforcement resources."

Likewise, some evangelical leaders are critical of both the Texas law and the Supreme Court's decision.

"I do not oppose sexual freedom for homosexuals, but I worry about the slippery slope" created by the decision, Richard Mouw, president of Fuller Seminary, told Christianity Today. "If this were simply a decision that said we are going to strike from the books all state laws that prohibit genital intimacy between persons of the same sex, then we wouldn't be deeply frightened or offended by that. But this seems to be not the last item on the agenda of a movement that wants to undermine traditional notions of family."

Mouw says antisodomy laws, which exist in 12 states other than Texas, are "an expression of legitimate concerns" that are unrealistic, unworkable, "and probably not just" in a pluralistic society. But the Supreme Court's reasoning, he said, sets a dangerous precedent. "Having abandoned the notion that the state has an interest in strong marriages, what that leaves us is anything goes, as long as it's consensual." He believes Christians should "focus not on overturning the decision, but on defending the traditional definition of marriage as a healthy foundation."

Ronald J. Sider, president of Evangelicals for Social Action, agrees. "I'm certain the gay lobby will use this to push for homosexual marriage; we need to say no," he told CT. But neither should Christians rush to reimplement antisodomy laws, he says. "I do not think we should use the force of the law to punish people who engage in homosexual sex," he said. "This may be a good time to put more energy into the Federal Marriage Amendment—not because we think this decision is wrong, but because other people will use it in a way that is not wholly logical."

Actually, it's perfectly logical, says Charles Colson, founder of Prison Fellowship. "If the Court is logical and consistent—and thank God they often aren't—then it's only a matter of time before the taboos and legal prohibitions against incest, polygamy, and bestiality fall," he says at his Breakpoint website. He also takes issue with the court's argument that the Texas law discriminates against homosexuals. "Of course the law discriminates," says. "It's supposed to. It's supposed to discriminate between good and bad; what is sound public policy and what is not, what is good for the common weal. That's what legislation does."

Several religious and profamily organizations issued statements calling the Supreme Court decision a national turning point toward depravity.

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June (Web-only) 2003, Vol. 47