Dan Savage has an interesting proposal:.

If the Republicans can propose a constitutional amendment banning gay marriage, why can't the Democrats propose a right to privacy amendment? Making this implicit right explicit would forever end the debate about whether there is a right to privacy. And the debate over the bill would force Republicans who opposed it to explain why they don't think Americans deserve a right to privacy - which would alienate not only moderates, but also those libertarian, small-government conservatives who survive only in isolated pockets on the Eastern Seaboard and the American West.

Of course, passing a right to privacy amendment wouldn't end the debate over abortion - that argument would shift to the question of whether abortion fell under the amendment. But given the precedent of Roe, abortion rights would be on firmer ground than they are now. So, come on, Democrats, go on the offensive - start working on a bill.

Savage thinks it could finally put to rest whether the undefined "right" to privacy in the Constitution protects abortion, sodomy, birth control, etc. I don't know how the hell you actually word a constitutional amendment like that, but why the hell not? Then we can challenge drug laws with it.

I also think privacy is good issue for the Dems generally, esp. when the enemy is big corporations. By making privacy a core value, we could talk about genetic discrimination by insurance companies, identity theft, government databanks and the PATRIOT Act.

It could help us in the new battleground states of the West. Brian Schweitzer could run on it.