Jonathan Adler at Volokh was ahead of me by a few days on the issue of adult incest and whether it should be criminalized. Later tonight (when I have more time) I’ll read what he has to say; for now, it suffices to note that, as Prof. Adler reports, the Texas Supreme Court upheld criminalizing consensual adult incest by a vote of 6-1. I’ll be interested in seeing what the Texas Supremes say justifies the law, especially in light of the U.S. Supreme Court overruling this same Court with respect to other laws criminalizing what consenting adults do behind closed doors. (Maybe they’re spoiling for a fight and think a change of two Justices at One First Northeast will turn things their way.)
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