Last Santorum post...swear: Your fourth non-horse-beating-to-death point is your best. What's funny is that laws are supposed to be about morals, but everyone freaks out when someone proposes or supports a law that is decidedly non-P.C. Meaning, we can all agree that murder is morally wrong, so we impose laws to stop it. Of course some laws cans also be argued from an economic standpoint (random killings is bad for business, and bad for productive lives; same would go for stealing). But some are purely moral issues: bestiality, homosexuality, polygamy (although Volokh could probably come up with good non-moral arguments for these as well - but again, he's like so super smart and all). Of these types of issues, homosexuality clearly is the most debateable (few will argue FOR incest, for example), and has the most compelling reasons behind not outlawing it. When you get down to it, all Texas can say is that homosexuality has traditionally been banned (leaving aside the Greeks, the Romans, etc.) and/or that it disrupts or defeats the heterosexual sacred tradition of marriage (because if it weren't for those damn homos, the divorce rate would be non-existent). These arguments are hard to make today with a straight face.