"Herman Cain Tells Piers Morgan That He Is Anti-Abortion, Yet Pro-Choice?"

Mediate has that headline, as if it's hard to fathom. But I think most Americans are anti-abortion yet pro-choice. I am.

As I view the clip at the link — and it cuts off just at the point where I'd ask a few more questions — Herman Cain believes abortion should be legal. He can maintain his own opinion that abortion is always wrong and, at the same time, that it is the woman's decision and that it is not the role of government to intervene.

In the clip, he says the same thing about homosexuality. He thinks that it's wrong, and also that it's not the government's role to prevent anyone from choosing to engage in homosexual behavior. Piers Morgan drags him into the question whether homosexuality is inborn, and the 2 men never draw the distinction between homosexual orientation and homosexual behavior. Whether it's inborn or not, there's a choice about acting out on your desires, and since Cain — I think! — sees that choice as belonging to the individual and not to the government, the science question about the origin of homosexual orientation is irrelevant. I love the idea of freedom of choice, based on a commitment to freedom, as opposed to a concession to the hard facts of biology. (And I remember when people who supported gay rights were enthusiastic about sexual orientation as a choice and got quite angry at a scientist who studied sexual orientation at the biological level.)

What's missing from that Mediaite clip — perhaps not from the interview as a whole — is whether Cain wants to see the Supreme Court overrule the cases that find constitutional rights to choose abortion and to choose to engage in homosexual behavior. You can't tell from the statement in the clip that he thinks there are rights that preclude legislation. Cain might be saying that he wouldn't sign legislation depriving the individual of those choices, but that his disapproval of that legislation doesn't mean that there is a constitutional right — which is what his favorite Supreme Court justice says about such things.

[The law criminalizing homosexual behavior] “is … uncommonly silly.” Griswold v. Connecticut, 381 U.S. 479, 527 (1965) (Stewart, J., dissenting). If I were a member of the Texas Legislature, I would vote to repeal it. Punishing someone for expressing his sexual preference through noncommercial consensual conduct with another adult does not appear to be a worthy way to expend valuable law enforcement resources.

Notwithstanding this, I recognize that as a member of this Court I am not empowered to help petitioners and others similarly situated. My duty, rather, is to “decide cases ‘agreeably to the Constitution and laws of the United States.’ ” Id., at 530. And, just like Justice Stewart, I “can find [neither in the Bill of Rights nor any other part of the Constitution a] general right of privacy,” ibid., or as the Court terms it today, the “liberty of the person both in its spatial and more transcendent dimensions,” ante, at 1.