Curtis v. City of Seattle

(dissenting) — To resolve this case we must inquire into the gray area between appropriate legislative regulation of morality and unconstitutional encroachment on human liberty. While the history of modern government has reflected the struggle with the extent to which morality can be legislated and subsequently enforced, J. Mill, Prefaces to Liberty 241 (1959); P. Devlin, The Enforcement of Morals (1965); H. Hart, Law, Liberty, and Morality (1963), it is the Legislature which must initially define the will of the public. The constitution is our only guide in passing on such legislation, and…