Are Morality-Based Laws Unconstitutional?

The debate with boomr continues in comments; we're in something like round five, focusing on the meaning of freedom of religion, the Constitutionality of legislation based on morals and the latter's relationship with utilitarianism (previously addressed here). Please drop by and add your views.

MaxedOutMama covers the question on her blog:

The problem with trying to mandate that all laws must have a utilitarian basis is that they must be based on a logical and putatively objective justification, but more traditional systems of ethics have usually been worked out so as to have the minimal impact upon human lives. Furthermore, the utilitarian logic without the incorporated experience of the give and take of human collective experience tends to become totalitarian or self-aggrandizing. The majority of people simply don't enjoy restrictive systems and they waste society's energy - so the time-tested prohibitions and recommendations usually provide for more freedom than rules that we make up ourselves from scratch. They have evolved into a minimalist efficiency, so to speak. The utilitarians often ignore the merits of natural selection with respect to cultural institutions and seem to understand the importance of human freedom not at all.

And don't miss a guest appearance by M_O_M's brother tying the issues to Edmund Burke, the founder of modern conservatism and a hero of mine.