In modern America, sex is increasingly where it should be: outside the reach of government. Anti-sodomy statutes have been tossed by the U.S. Supreme Court. Contraception is widely accessible. Anyone with a computer can gorge on pornography without fear of prosecution.
Same-sex marriage has been legalized in 18 states and the District of Columbia. Now another step has been taken to expel police and legislators from the bedrooms of consenting adults: a federal court decision striking down a key element of Utah’s ban on polygamy.
Last month, District Judge Clark Waddoups ruled that the law infringes not only on constitutionally protected sexual privacy but on the free exercise of religion. Utah, he concluded, doesn’t have to issue multiple marriage licenses to Kody Brown and his consorts, who appear in the reality TV show “Sister Wives.” But it can’t dictate their living arrangements.