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To: ZGuy
A federal judge hearing a constitutional challenge to a Kansas law requiring doctors, teachers and others to report underage sex between consenting youths said the state presented no credible evidence that underage sex is always harmful.

This is none of the judge's business.

Whether it is always harmful, sometimes harmful, or never harmful is immaterial. The people of Kansas, acting through their representatives, have determined to outlaw this behavior. There is no Constitutional restraint on their power to do so.

Therefore, the factual or actual consequences of the behavior are not an issue.

29 posted on 02/10/2006 7:22:25 AM PST by Jim Noble (And you know what I'm talkin' 'bout!)
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To: Jim Noble
The people of Kansas, acting through their representatives, have determined to outlaw this behavior.

But the question the judge is considering is whether the people of Kansas, acting through their representatives, really determined the State should concern itself with a couple of 15 year olds getting to second base. (Even if a Janet Reno wannabe thinks they should)

70 posted on 02/10/2006 7:54:47 AM PST by Oztrich Boy (Free Speech is not for everyone, If you don't like it, then don't use it)
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To: Jim Noble

Yes it is the judge's business to establish injury because the law governing the reporting only rquires reporting in the case of injury.


106 posted on 02/10/2006 9:31:41 AM PST by swain_forkbeard (Rationality may not be sufficient, but it is necessary.)
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