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Maelakin, you take libertarianism a step further than I do. It is historically true that legislatures can legislate morality. The ire over legislating morality in the modern era is a new thing. Personally, I can't figure out where to draw the line. I think I've got a rather large post on substantive due process vs. procedural due process somewhere on here that addresses this issue and the inherent conundrum directly.
Yorick, prohibiting harming another person is not usually considered legislating morality. While "do not harm others" is in a sense a moral, it is the once accepted "moral" upon which all our legal themes are founded (dating back to Locke's work), so it's not fair to call that "morality legislation." Saying you can't spank your monkey or you can't marry someone of the same sex is morality legislation.
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