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The Homosexual Movement (1)
Slouching Toward Gomorrah ^ | 2003 | Robert H. Bork

Posted on 04/11/2006 4:20:39 PM PDT by Conservative Coulter Fan

How should parents react when a son or daughter announces that he or she is "gay?" The Supreme Court has adopted a principle that, by its own logic, suggests that the parent should be indifferent, that the question of sexual "oreintation" is nobody's business but the son's or daughter's, and that any contrary attitude is nothing more than bigotry. That answer is not only morally perplexing but has absolutely no plausible connection to the Constitution the Court claims to be interpreting. The Court's answer, however, has everything to do with the modern liberal attitude toward sexuality.

That answer was given in Lawrence v. Texas, which effectually made homosexual sodomy a constitutional right by means of an argument that owes nothing to law but everything to a subsophmoric moral argument.

Viewed narrowly, what was as stake in Lawrence was the state's criminal statue prohibiting homosexual sodomy between men. Lawrence and garner were seen engaged in sodomy in an apartment by a police officer who was lawfully on the premises. Fined $200, they took the case, ultimately to the Supreme Court. The Court majority, in an opinion by Justice Kennedy, struck the statue down as a violation of the liberty said to be guaranteed by the due process clause of the Fourteenth Amendment.

The majority opinion continues the tradition of incoherence in these matters. Although it purported to apply a clause ratified in 1868 (and taken verbatim from the fith Amendment, ratified in 1791), the majority opinion said, "we think that our laws and traditions in the past half century are of most relevance here." In 1955, for example, the American Law Institute, an unofficial organization of lawyers, stated that its recommended Model Penal Code did not advocate or provide for :criminal penalties for consensual sexual relations conducted in private." In 1957, in the Wolfenden Report, a committee established by the British Parliament recommended the repeal of laws punishing homosexual conduct, and ten years later Parliament complied. The puzzle is twofold. There is no explanation of why recent events of the last fifty years are relevant to the meaning of a constitutional amendment over one hundred and thirty years old, nor why why recommendations about legislation in the United States or Britain should affect the meaning of the United States Constitution.

Even more puzzling was the Court's statement:

Of even more importance,...The European Court of Human Rights considered a case....[in which] [a]n adult male resident in Northern Ireland alleged that he was a practicing homosexual who desired to engage in homosexual conduct. The laws of Northern Ireland forbade him that right....The court held that the laws proscribing the conduct were invalid under the European Convention on Human Rights.

This was said to show the falsity of the premise that the claim to a right to engage in homosexual conduct was insubstantial in Western Civilization. Justice Kennedy also cited the trend in American states to decriminalize homosexual conduct.

None of this should be taken as serious constitutional analysis. Whatever the ALI and the Wolfenden Report said, however the Court of Human Rights sitting in Strasbourg decided under its law, and however many states decided to decriminalize homosexual sodomy, the fact remains that Texas had a right to makes its own moral judgments unless something in the federal Constitution denied that right. And it is here, in the attempt to muster a constitutional rationale for its decision, that the Court majority opinion floundered most abysmally.

The effort began, amazingly, with a repetition of the same mystery-of-life passage from Casey mentioned earlier, as though it had some discernible meaning:

In explaining the respect the Constitution demands for the autonomy of the person in making these choices [about marriage, procreation, contraception, family relationships, child rearing, and education], we stated as follows:

These matters involving the most intimate and personal choices a person may make in a lifetime, choices central to personal dignity and autnomy, are central to the liberty protected by the Fourteenth Amendment. At the heart of liberty is the right to define one's own concept of existence, of meaning, of the universe, and of the mystery of human life. Beliefs about these matters could not define the attributes of personhood were they formed under compulsion of the state.

Persons in a homosexual relationship may seek autonomy for these purposes, just as heterosexuals do.

These words defy explanation just as they defy any attempt to guess what the concept of constitutionally guaranteed liberty might cover. This passage, discussed in chapter 6, is at best a blank slate on which anything may be written at the pleasure of the justices. The wonder is that this empty incantation, despite having been endlessly ridiculed, should now be relied upon once more as the opening gambit in what purports to be a constitutional argument.

Justice Kennedy went on, with the approval of four colleagues, to quote Romer's conclusion that the provision of the Colorado constitution denying localities the right to make homosexuals a specially protected class, along with racial minorities, by claiming that "the provision was 'born of animosity toward the class of persons affected' and further that it had no rational relationship to a legitimate government purpose." This denies the right of government to enact the judgments of its citizens that some behavior is immoral and harmful. That is not a proposition that can be applied across the board; moral judgments are the stuff of legislation.

The opinion went on to offer an utterly unpersuasive assurance. This case, the Court said, "does not involve whether the government must give formal recognition to any relationship that homosexual persons seek to enter." That means that Lawrence does not decide the question of same-sex marriage as a constitutional right. But, of course, it does. The principle of radical personal autonomy upon which the case rests necessarily means that the state many not deny homosexual couples a marriage license. We are entitled to suspect, indeed to be certain, that this is precisely what the Court majority is leading up to.

It is abundantly clear, then, that a majority of the Supreme Court no longer considers itself a constitutional court--one highly respected federal judge said to me that Lawrence v. Texas means the Constitution is simply gone. Instead, the Court majority has made itself into a secular papacy, the final authority on matters of faith and morals. We may, therefore, assess its performance on those grounds as well.


TOPICS: Crime/Corruption; Culture/Society; Editorial; Government; News/Current Events; Politics/Elections
KEYWORDS: homosexualagenda; robertbork


Has Homosexuality Always Been Incompatible With Military Service?

1 posted on 04/11/2006 4:20:40 PM PDT by Conservative Coulter Fan
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To: kayak; Chairman_December_19th_Society; DirtyHarryY2K; DBeers; MinorityRepublican

PING..


2 posted on 04/11/2006 4:23:39 PM PDT by Conservative Coulter Fan (I am defiantly proud of being part of the Religious Right in America.)
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To: wagglebee

PING..


3 posted on 04/11/2006 4:27:24 PM PDT by Conservative Coulter Fan (I am defiantly proud of being part of the Religious Right in America.)
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To: Conservative Coulter Fan

I often wonder if my taxes would be lower if conservative politicians and figureheads spent just a little bit more time focusing on tax reform than they do on gay reform. Sodomy laws? How is that even a priority? Those kinds of laws overstep the bounds of a limited government that most conservatives should support. Let's focus on the things that should matter, shall we people?


4 posted on 04/11/2006 4:33:45 PM PDT by Grebrook
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To: Conservative Coulter Fan

The whole liberal agenda is to erase the judeo-christian moral code from society. Then they don't have to feel guilty for anything. Is constitutional law all we need...not moral law?


5 posted on 04/11/2006 4:40:09 PM PDT by Dudoight
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To: Conservative Coulter Fan

He is still owed many apologies.


6 posted on 04/11/2006 4:53:59 PM PDT by The Ghost of FReepers Past (Woe unto them that call evil good, and good evil; that put darkness for light..... Isaiah 5:20)
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To: Grebrook
Has Homosexuality Always Been Incompatible With Military Service? - please view this thread before trying to preach limited government, because quite clearly the founders...the early American republic...saw no conflict between limited government unimaginable today and strict laws against sodomy.

The POINT was not "sodomy reform," but the Supreme Court of the United States disregarding the U.S. Constitution...denying a state the right to make moral judgments...relying in part on foreign law...and acting as a sort of SUPER LEGISLATURE enlisting on the far left of the culture war.

Next time, why don't you tell me you can't walk and chew gum at the same time, because you are a one-track conservative. As far as tax reform goes, I'm for abolishing income tax, the IRS, and really committed to Jeffersonian Decentralization, but I get really angry everytime I embark on other conservative issues only for you to pretend this issue is the reason we have no tax reform...maybe its a corrupt two-party system...maybe the problem is the government...not your flase interpretation of the entire thread!
7 posted on 04/11/2006 4:56:16 PM PDT by Conservative Coulter Fan (I am defiantly proud of being part of the Religious Right in America.)
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To: Conservative Coulter Fan

It's the exact reason we don't have tax reform. Bill Frist has tabled it. But that sure doesn't stop him from having time to vote on gay marriage this summer! No tax reform, but he's always got time for a gay marriage amendment or a flag burning amendment. It's time for focus on things that matter, and a judiciary that makes its own laws is certainly in need of reform, but sodomy laws are out of line and should not be on the agenda.


8 posted on 04/11/2006 5:17:41 PM PDT by Grebrook
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To: Conservative Coulter Fan; AFA-Michigan; AggieCPA; Agitate; AliVeritas; AllTheRage; ...
Homosexual Agenda Ping!

To be included in or removed from the
HOMOSEXUAL AGENDA PING LIST,
please FReepMail either DBeers or DirtyHarryY2k.

Free Republic homosexual agenda keyword search

A wonderful piece by Judge Robert Bork!


9 posted on 04/11/2006 5:42:05 PM PDT by wagglebee ("We are ready for the greatest achievements in the history of freedom." -- President Bush, 1/20/05)
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To: Grebrook
I often wonder if my taxes would be lower if conservative politicians and figureheads spent just a little bit more time focusing on tax reform than they do on gay reform. Sodomy laws? How is that even a priority? Those kinds of laws overstep the bounds of a limited government that most conservatives should support. Let's focus on the things that should matter, shall we people?

A good post. Let's ponder it:

You and I are concerned about the growth of government, and taxes, the welfare state, etc. We see the sodomy stuff as less important, even if we think that the left is trying to destory our culture throught it, and even if we don't care what two men do in their own home, we don't want it pushed on our kids.

So what to make of the culture wars? We could say "screw it" and cave in - taxes and government size are more important. The other argument would be that we can't win the tax and spending war without a majoritym, and by standing up for traditional values we win congressional seats. After all, I think it is the gay marriage ban in Ohio that pushed Bush over the top in '04.

The problem, of course, is that what has happend is that that while we have done well on the culture wars and gained power from them, the GOP has been the worst spenders in history.

Does that mean that we abandon the culture wars? I don't know. They are important to me, however, I think that ultimately the size of government is the most important issue. I.E. it is a large government that not only reduces wealth, but also solidifies in everyones mind that it is ok to use the government to push personal preferences.

Take a look at Tom Delay, the once conservative hero...once W was elected he abandoned the spending and welfare issue in favor of the culture and pork issues to try to create a permenant GOP majority. The result was bad. Once he decided to retire, he turned into his old self (if you heard him on Savage the other day).

So what do we do? Do we give up the gay marriage and similar issues in order to focus on spending?

If the GOP used its power to reduce spending, I would be all for the culture wars to preserve that power.

However, the GOP has not done that. Instead, we are left with two parties: Both favor big government. mOne believes in traditional values, the other is run by a bunch of perverts.

What is the answer? I don't know.

10 posted on 04/11/2006 6:11:57 PM PDT by Rodney King (No, we can't all just get along.)
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To: Grebrook
Let's focus on the things that should matter, shall we people?

Try DU.

11 posted on 04/11/2006 6:31:34 PM PDT by DBeers ()
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To: Grebrook

Marriage Protection and sodomy laws are two separate issues!

And the majority of people in this country feel very strongly the a marriage amendment IS important and matters very much!

Not that THIS matters, but taxes are indeed influenced by homosexual rights and hate crimes laws! Which begin with all the issue of homosexual marriage.


12 posted on 04/11/2006 6:58:36 PM PDT by gidget7 (PC is the huge rock, behind which lies hide!)
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To: Grebrook

If homosexual activists let things alone, no one would be worrying about sodomy laws or "gay" marriage.

They're the ones who brought the subjects up, or out of the closet. Do you advocate letting them have their way with society, then?


13 posted on 04/11/2006 8:50:24 PM PDT by little jeremiah (Tolerating evil IS evil.)
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To: Grebrook
You are a fool and I don’t mind saying it, because the fact that a Judiciary run amuck to the point whereby the very institution of marriage is threatened by a Court bound by no laws, no legislator, or Constitution while enlisting on the liberal left side of the culture war. We don’t have to be passive or indifferent because one-track conservatives are stupid enough to start blaming us for the failure of their issue. Let’s consider why we have no tax reform, serious tax reform, like a flat tax or the abolishment of income tax: perhaps it has to do with Hillary Clinton preaching that the rich are getting richer, perhaps it has to do with a Medicare prescription drug Bill that has an unfounded liability of $18 trillion, perhaps it is a sheer lack of vision and political will, perhaps it has to do with a culture that has lax (or abandoned) principles of limited government, perhaps you don’t care. I’m not going to sit by while you tread on my thread and blame my activism for the failure of your single issue – tax reform – when clearly you don’t have a clue. You’d better start taking your frustration out on your elected representatives, pal!

As to sodomy laws, once more, READ THE ARTICLE!!! Read!!! It wasn't about "sodomy laws," but rather the U.S. Constitution and its interpretation by the U.S. Supreme Court, which have effectively created a non-existent right to sodomy into the Constitution while denying state's the right legislate as they see fit. Of course I believe your about ready to perform abortions for cheering liberals if you thought their was a chance you'd get "tax reform" although at least I've said I'm for abolishing income tax altogether. I still don't not what you mean by it, but when we have a Congress that is running half a trillion dollar deficits...don't you think we need to worry maybe a little more about BIG SPENDING?

As for homosexual marriage, people like me aren't going to sit our hands. Ann Coulter lamented the fact that President Bush only mentioned it briefly during the last days of his campaign...there hasn't been any concerted effort by the GOP to pass an amendment that would actually succeed...with two-thirds of Congress and 3/4 of the states. I'd like to know when they're voting on it.
14 posted on 04/12/2006 3:21:26 PM PDT by Conservative Coulter Fan (I am defiantly proud of being part of the Religious Right in America.)
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To: Rodney King

I think the view is sickening, because at best the GOP have talked a lot of talk on the culture war while not really following through...of course there isn't any point debating with people who lack sustained argument. One could easily just make the case that the GOP perhaps has just betrayed their base altogether...not just one the side of "small government," but what really ticks me off about people like you is that you'll let the culture go down the toilet, but I someone like me want give an inch in demanding radical restructuring of government...the complete end to social welfare, the elimination of income tax...the abolishment of unconstitutional federal departments...and so forth. I think that perhaps I'm going to just try the CP party, because I'm fed up with it.


15 posted on 04/12/2006 3:30:15 PM PDT by Conservative Coulter Fan (I am defiantly proud of being part of the Religious Right in America.)
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To: Conservative Coulter Fan
but what really ticks me off about people like you

Huh? Please quote what I said that you are objecting to.

16 posted on 04/12/2006 4:53:34 PM PDT by Rodney King (No, we can't all just get along.)
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