No. of Recommendations: 1
For Scalia, it would be simply that the State has a legitimate interest in enforcing the moral consensus of its populace - the same interest that is advanced by laws prohibiting women from going topless at the beach, for example.

Stupid law* too, but at least the comparison isn't as facile as the one between gay marriage and murder.

Seems to me there's an obvious difference between laws that restrict public behavior with regard to community norms (prohibitions against nudity, for example) that affect others and laws that restrict contracts between two consenting adults.

There might be an argument that a law restricting women, but not men, from being topless in public is similar to a law restricting same-sex couples, but not opp-sex couples, from public expressions of affection, but good luck with that.

*How is a law prohibiting women from going topless at the beach any different, in principle, than a law requiring women wear a burka?
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