Originally Posted by Rob Lister
I'm guessing he didn't spell out his reasoning because he couldn't justify legally (regardless of the morality). I thought this [prohibition] was established law.
The state of the law is somewhat murky on many of these issues. There have been laws passed dealing with this, and today these laws are recognized as the law of the land. However, there is room for discussion at the judicial level on these laws and I expect these discussions to continue to the supreme court, or to be preempted by future laws.
Please note, I'm not forecasting how this will turn out. It may just reaffirm the current status. However, I do suggest that the discussion is not over.