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Man Involved In Landmark Gay Rights Case Dies
Click2Houston ^ | 9/14/06

Posted on 09/14/2006 7:56:42 AM PDT by Borges

HOUSTON -- Tyron Garner, one of two men whose 1998 arrests led to a U.S. Supreme Court decision that struck down bans on sodomy, has died, according to a spokesman for the legal firm that represented him.

Garner, 39, died early Monday at a Houston hospital, said Mark Roy, a spokesman for Lambda Legal in New York City. Garner had been suffering from meningitis and had been in his brother's care for the past six months.

"Over the last few months, he lost the use of his legs from meningitis," Roy told The Associated Press.

Garner and John Lawrence were arrested after police -- sent by a bogus report of an armed intruder -- burst into Lawrence's apartment and found the two engaged in consensual sex. They were jailed overnight and charged with breaking Texas' Homosexual Conduct Law, which banned oral and anal sex between people of the same gender.

In its landmark June 2003 ruling, the Supreme Court said that what gay men and women do in the privacy of their bedrooms is their business and not the government's.

The 6-3 decision invalidated laws in Texas and 12 other states. It also galvanized both sides in an ongoing national debate over whether homosexuals are entitled to the same rights as heterosexuals when it comes to marriage and adoption.

"Because Tyrone Garner and John Lawrence had the courage to challenge homophobic sodomy laws, the U.S. Supreme Court recognized that love, sexuality and family play the same role in gay people's lives as they do for everyone else. That's a colossal legacy and one for which his community will forever be thankful," Lambda Legal's executive director Kevin Cathcart said in a statement.

Garner, who sold barbecue from a street stand, told the Houston Chronicle in 2004 that it was hard to endure the loss of his privacy.

"I didn't enjoy being outed with my mugshot on TV," he said. "It was degrading to me."

But the result was worth it, he said.

"I don't really want to be a hero," Garner said. "But I want to tell other gay people 'Be who you are, and don't be afraid."'


TOPICS: Culture/Society
KEYWORDS: activistcourt; chuckrosenthal; culturewar; homosexualagenda; houston; judicialtyranny; lawrencevtexas; mediabias; roberteubanks; sodomy; texas; tyronegarner
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1 posted on 09/14/2006 7:56:42 AM PDT by Borges
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To: Borges

AIDS related?


2 posted on 09/14/2006 7:57:48 AM PDT by Hydroshock ( (Proverbs 22:7). The rich ruleth over the poor, and the borrower is servant to the lender.)
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To: Borges
HOUSTON -- Tyron Garner, one of two men whose 1998 arrests led to a U.S. Supreme Court decision that struck down bans on sodomy, has died, according to a spokesman for the legal firm that represented him.

Wonder if the truth behind this will ever come out. The police were brought into their bedroom under false pretense, so they could 'catch' these guys engaging in sex for the sole purpose of gaining standing so they could challenge this law.

3 posted on 09/14/2006 7:58:27 AM PDT by Always Right
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To: Hydroshock

Is Meningitis often an outcome of HIV?


4 posted on 09/14/2006 7:58:32 AM PDT by Borges
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Comment #5 Removed by Moderator

To: Hydroshock

Anally Induced Death Sentence


6 posted on 09/14/2006 8:00:50 AM PDT by fredhead (Women want me....Fish fear me....I can dream can't I?)
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To: Always Right

Was it ever reported what phone number the call was made from?


7 posted on 09/14/2006 8:01:47 AM PDT by massgopguy (massgopguy)
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To: Hydroshock

I would say yes.


8 posted on 09/14/2006 8:02:04 AM PDT by sport
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To: Hydroshock; Borges

Probably AIDS related. Cancers of various kinds are de rigeur and the meningitis would be secondary to that, I suspect.

"love, sexuality and family play the same role in gay people's lives as they do for everyone else."

This is just SOOOO wrong.


9 posted on 09/14/2006 8:02:06 AM PDT by Froufrou
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To: Borges

Background: Different forms of meningitis are associated with HIV infection. They may be classified according to the etiologic agent as cryptococcal, tuberculous, syphilitic, or Listeria species; others are lymphomatous or aseptic.


Pathophysiology: Meningitis is multifactorial in patients with HIV/AIDS. Besides specific pathogens, autoimmune processes and HIV itself have been implicated.

Although HIV-seropositive individuals are at increased risk of certain types of meningitis, evidence suggests that they are also more likely than the general population to develop community-acquired bacterial or viral meningitides. An early form of aseptic, HIV-associated meningitis develops within days to weeks after HIV infection. It appears as a mononucleosis-like illness and is rarely associated with encephalitis. Meningitides due to cryptococcosis, coccidioidomycosis, histoplasmosis, or other fungal infection are AIDS-defining events and occur typically with very low CD4+ lymphocyte counts.

http://www.emedicine.com/neuro/topic455.htm


10 posted on 09/14/2006 8:02:51 AM PDT by trisham (Zen is not easy. It takes effort to attain nothingness. And then what do you have? Bupkis.)
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To: Borges

I'll bet he's hotter than he's ever been right now.


11 posted on 09/14/2006 8:02:54 AM PDT by concerned about politics ("Get thee behind me, Liberal.")
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To: Borges

"the U.S. Supreme Court recognized that love, sexuality and family play the same role in gay people's lives as they do for everyone else."

Interesting that this poor fellow had to be cared for by his brother. His sex partner was long gone I guess. Where was the "love" and "family" in that? Why shouldn't public law foster good moral behavior?

Also, this guy Lawrence purports to have been embarrassed by his mug shot being in the papers. He didn't mention that the whole event was set up and staged, and a police report made, so that this would be a test case. What a crock.


12 posted on 09/14/2006 8:03:15 AM PDT by Elpasser
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To: Borges
From WND, so take it with a grain of salt, but it appears accurate.
 
LAW OF THE LAND
How staged sex crime
fooled Supreme Court

Landmark sodomy case faked from start, shrouded in murder mystery, says judge

Posted: October 24, 2005
1:00 a.m. Eastern

 

By Joseph Farah
© 2005 WorldNetDaily.com

WASHINGTON – Was the U.S. Supreme Court fooled by a make-believe sodomy case in Lawrence v. Texas – one manufactured by homosexual activists to entrap police and ensnare the judicial system in a conspiracy to change the law of the land?

That is the compelling verdict of a new book, "Sex Appealed: Was the U.S. Supreme Court Fooled?" by Judge Janice Law.

 


Janice Law

It was in the Houston courthouse where Law presided as judge that she first heard rumors that the key figures in what became the landmark Lawrence v. Texas Supreme Court case actually invited arrest in a pre-arranged setup designed from the start to test the constitutionality of anti-sodomy laws.

What the journalist-turned-prosecutor-turned-judge-turned-journalist found, after interviewing most of the key players, including those in the Texas homosexual subculture that produced the case, is that the Supreme Court, possibly for the first time in history, ruled on a case "with virtually no factual underpinnings."

When the Supreme Court decided to hear the challenge to Texas anti-sodomy laws in 2002, the only facts for the high court to review were Deputy Joseph Richard Quinn's 69-word, handwritten, probable cause affidavits – written within hours of the arrests of the three principals in the case Sept. 17, 1998.

There had been no trial. There had been no stipulations to facts by the state or the defendants. The defendants simply pleaded no contest at every phase of the proceedings. It was quite simply the misdemeanor dream case homosexual activists in Texas and nationwide had been dreaming about. Or had they done more than dream about it? Had they schemed about it, too?

 


Tyron Garner and John Geddes Lawrence

Nearly everyone familiar with the case that set off the nation's same-sex marriage craze knows there were two defendants in the case – two men, John Geddes Lawrence, 60, and Tyron Garner, 36. Forgotten, until Law's book, was a third man arrested at Lawrence's apartment that night – Robert Eubanks, who was beaten to death three years before the case was heard by the Supreme Court.

It was Eubanks who took the fall for calling the police the night of the "incident." He said he was the one who placed the call reporting a man firing a gun in an apartment building. When police officers responded to the felony call, Eubanks was outside Lawrence's apartment directing police to the unit – still insisting a man with a gun was threatening neighbors.

When police approached Lawrence's apartment, they found the front door open. When they entered the apartment, they found a man calmly talking on the telephone in the kitchen, also motioning to the officers to a bedroom in the rear.

Despite repeated shouts by officers identifying themselves as of sheriff's deputies from the moment they entered the Houston apartment, no one seemed surprised to see them – especially not Lawrence and Garner.

The veteran police officers who entered the bedroom that night were unprepared for what they were about to see.

"You could tell me that something was happening like 'there's a guy walking down the street with his head in his hand,' and I would believe it," said Quinn, who had 13 years on the force the night he entered Lawrence's apartment. "As a police officer, I've seen things that aren't even imagined."

But what he saw that night shocked him, searing images into his mind that seem as vivid today as the day they happened.

Quinn and his fellow officers, expecting to see an armed man, perhaps holding a hostage or in a prone position ready to fire at them, instead, found was Lawrence having anal sex with Garner.

And they didn't stop – despite repeated warnings from officers.

"Lawrence and Garner did not seem at all surprised to see two uniformed sheriff's deputies with drawn guns walk into their bedroom," Quinn recalls.

Quinn shouted to them to stop. They continued.

"Most people, in situations like that, try to cover up, hide or look embarrassed," explained Quinn. "Lawrence and Garner didn't look at all surprised to see us. They just kept doing it."

Finally, Quinn took action. He told them: "I don't believe this! What are you doing? Did you not hear us announce ourselves? Don't you have the common decency to stop?" But still Lawrence and Garner did not stop until Quinn physically moved them apart.

Lawrence and Garner would be booked that night for a class C misdemeanor punishable by only a fine. Eubanks was charged with filing a false police report because there were no guns found. Lawrence and Garner would become celebrity heroes of the homosexual activist movement. Eubanks would wind up beaten to death – with Garner a possible suspect in a case that remains unsolved.

But who was the mystery man on the phone in the kitchen? He was never identified officially because there was no reason to charge him. Law believes his identity is key to proving the pre-meditated nature of the Lawrence case setup. And she thinks she's solved the case. Readers can be the judge.

The 6-3 U.S. Supreme Court Lawrence ruling favoring the defendants in the landmark case is the trigger event kicking away roadblocks to same-sex marriage, says Law.

The justices who voted to overturn the Texas statute and invalidate anti-sodomy laws in the rest of the U.S. were Justices Stephen Breyer, Sandra Day O'Connor, Ruth Bader Ginsburg, Anthony Kennedy, David Souter and John Paul Stevens. Justice Kennedy wrote the majority decision.

Those voting to uphold the Texas law were Chief Justice William Rehnquist and Justices Antonin Scalia and Clarence Thomas.

If the Lawrence case were known to be a setup during the five years following the arrests, then the defendants would not have a right-to-privacy claim, and the U.S. Supreme Court probably would never hear the case.

After that historic ruling, Law decided to investigate a case that had never before been subject to any investigation. By then she was a visiting judge, sitting for judges who are on vacation or ill.

 


 

"I researched and wrote 'Sex Appealed' because I know many of the Lawrence participants, I had the time, contacts, and the journalistic background to investigate, and, as a lawyer and judge, I felt an obligation to history to find out what really happened behind the scenes in one of the most culture-altering cases in America's legal history," Law said. "I am the judge who, after the internationally publicized case was concluded at the highest level, embarked on her own investigation of rumors about the case assigned to her Texas court."

Along the way, Law is not only persuasive that Lawrence was planned from the start – that police, in effect, were entrapped into witnessing a crime because the homosexual activists needed a test case – but also gets support for her theory from other judges involved in the saga.

What would it mean, two years after Lawrence v. Texas, if Supreme Court justices learned they had been fooled, manipulated, played like a radio?

Did the justices know that a key witness in the case had been murdered and that one of the defendants appeared to be a key suspect?

Were they aware one of the lawyers that handled the sodomy case for Lawrence and Garner also represented Garner in the unsolved murder death of Eubanks?

How could there be an issue of privacy in a case in which police were invited, encouraged, begged to enter an apartment and directed to the bedroom where the unlawful sexual activity was taking place?

Law also finds that homosexual activists nationwide and, specifically, in Houston were actively searching for that "perfect" test case when Lawrence happened to come along.

As the U.S. Supreme Court is being reshaped through the retirement of Sandra Day O'Connor and the death of William Rehnquist, some are wondering if it's possible the court could "second-guess" itself in the Lawrence ruling – one that turned out to be among the most controversial decisions in years.


13 posted on 09/14/2006 8:04:25 AM PDT by Always Right
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To: trisham

That's the wonder of AIDS - the gift that keeps on giving -- without it we would know so much less about all the cool rare diseases out there.


14 posted on 09/14/2006 8:04:35 AM PDT by Flash Bazbeaux
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To: Borges
"Is Meningitis often an outcome of HIV?"

"3 million people died of AIDS in 2003, with 2.3 million people dying in Sub-Saharan Africa alone. One of the most common causes of death in AIDS patients is a very difficult to treat form of meningitis, caused by a yeast-like organism, Cryptococcus neoformans. Unlike drugs for bacterial meningitis, current treatments for cryptococcal meningitis are relatively weak and work by controlling the infection in the cerebrospinal fluid surrounding the brain."
-- www.sgul.ac.uk

15 posted on 09/14/2006 8:07:49 AM PDT by robertpaulsen
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To: Hydroshock
AIDS related?

Probably...immune systems are prone to such, with "aids".

16 posted on 09/14/2006 8:07:58 AM PDT by LadyPilgrim ((Sealed my Pardon with HIS BLOOD!!! Hallelujah!!! What a Savior))
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To: Hydroshock
"Over the last few months, he lost the use of his legs from meningitis,"

Maybe he got meningitis from having menincolon.

17 posted on 09/14/2006 8:08:09 AM PDT by Enterprise (Let's not enforce laws that are already on the books, let's just write new laws we won't enforce.)
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To: Borges
Is Meningitis often an outcome of HIV?

Possibly.AIDS damages...weakens...the immune system.Meningitis being either a bacterial or viral infection could,I suspect,be more common in immunocompromised individuals.

18 posted on 09/14/2006 8:08:16 AM PDT by Gay State Conservative ("An empty limousine pulled up and Hillary Clinton got out")
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To: Borges
"I don't really want to be a hero," Garner said.

Trust me. You're not. You'll always be remembered as one of the biggest weirdos in US history. You're right down there with Jeffrey Dahmer. Don't flatter yourself.

19 posted on 09/14/2006 8:09:01 AM PDT by concerned about politics ("Get thee behind me, Liberal.")
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To: Borges

People don't die from HIV per se, they die from infections the body can no longer defend itself from. However, people do die from meningitis without being HIV infected. Having said this, I have not personally read any papers specifically adressing this.


20 posted on 09/14/2006 8:10:17 AM PDT by GW and Twins Pawpaw (Sheepdog for Five [My grandkids are way more important than any lefty's feelings!])
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To: Borges; All

Tyron Garner, left, and John Lawrence join a rally at Houston City Hall celebrating the U.S. Supreme Court decision in 2003 that the Texas sodomy law was unconstitutional. ERICH SCHLEGEL: AP
21 posted on 09/14/2006 8:11:15 AM PDT by Dane ("Mr. Gorbachev, tear down this wall" Ronald Reagan, 1987)
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To: concerned about politics

Has he met Tookie yet?


22 posted on 09/14/2006 8:12:15 AM PDT by GW and Twins Pawpaw (Sheepdog for Five [My grandkids are way more important than any lefty's feelings!])
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To: Borges

Unanswerable question: would he still have grown up to be gay if his parents hadn't named him Tyron?


23 posted on 09/14/2006 8:12:26 AM PDT by Petronski (Living His life abundantly.)
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To: Froufrou
"love, sexuality and family play the same role in gay people's lives as they do for everyone else."

I have to disagree with th author. I have known 3 guys from my high school days who have "gone over to play for the other side." In all 3 cases, it started small, grew, and grew, until there is nothing left of them but Gayness. Every issue, every perception, every reaction is judged through the QueerLens until this choice is the single focus point of their lives. If this creeping mindset focused on alcohol, or gambling, or any other vice, we would say they were addicted to something...trying to find an outside stimuli to fill some emptiness or hole in their souls. But thanks to the APA, this addiction is no more than a "lifechoice" now.

24 posted on 09/14/2006 8:13:31 AM PDT by 50sDad (ST3d: Real Star Trek 3d Chess: http://my.ohio.voyager.net/~abartmes/tactical.htm)
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To: Borges

A demonstration that the Law should be way down on anybody's list of reasons for doing or not doing anything.


25 posted on 09/14/2006 8:14:31 AM PDT by gridlock (The 'Pubbies will pick up at least TWO seats in the Senate and FOUR seats in the House in 2006)
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To: Borges
Is Meningitis often an outcome of HIV?

Any viral or bacterial infection would be. Homos are like walking petri dishes that eventually get eaten alive by microbes. (You don't mess with mother nature. She can be a real bitch sometimes.)

26 posted on 09/14/2006 8:15:13 AM PDT by concerned about politics ("Get thee behind me, Liberal.")
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To: Enterprise

What's a "gitis"?


27 posted on 09/14/2006 8:16:00 AM PDT by gridlock (The 'Pubbies will pick up at least TWO seats in the Senate and FOUR seats in the House in 2006)
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To: Borges

I don't know anything else about this guy or his causes, but governments have no business writing anti-sodomy laws. In this case, the Supreme Court was right to overturn a patently unconstitutional law.


28 posted on 09/14/2006 8:16:52 AM PDT by Ramius (Buy blades for war fighters: freeper.the-hobbit-hole.net --> 1600 knives and counting!)
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To: Borges
"I didn't enjoy being outed with my mugshot on TV," he said. "It was degrading to me."

Well then I guess you shouldn't have gone along with the settup Mr. homo.

29 posted on 09/14/2006 8:17:36 AM PDT by subterfuge (If Liberals hated terrorists like they hate Bush the war would be over by now)
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To: concerned about politics

I read an article which stated that the average gay male dies by age 42 and less than one percent of them ever live to draw Social Security.


30 posted on 09/14/2006 8:17:58 AM PDT by Wristpin ("The Yankees announce plan to buy every player in Baseball....")
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To: 50sDad

That was really well put. I have to say, my experience with gay people has been that they are incapable of monogamous behavior and are therefore not to be trusted.


31 posted on 09/14/2006 8:18:57 AM PDT by Froufrou
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To: Borges
Garner had been suffering from meningitis

So that's what they call AIDS nowadays?

32 posted on 09/14/2006 8:19:45 AM PDT by dfwgator
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To: concerned about politics
"I don't really want to be a hero," Garner said."

My question to him would have been: "How does engaging is suicidal unhygienic anal sexual practices with multiple men even remotely quality you as a hero?"

33 posted on 09/14/2006 8:20:16 AM PDT by Enterprise (Let's not enforce laws that are already on the books, let's just write new laws we won't enforce.)
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To: subterfuge; Borges
"I didn't enjoy being outed with my mugshot on TV," he said. "It was degrading to me."

But Tyrone, it seemed, sure enjoyed his public picture being taken and outed at public Houston "celebration" ceremony.(per picture posted on reply #21 of this thread).

BTW, anyone notice that the "loving" arm is not on Tyrone.

34 posted on 09/14/2006 8:24:01 AM PDT by Dane ("Mr. Gorbachev, tear down this wall" Ronald Reagan, 1987)
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To: gridlock
What's a "gitis"?"

It's a redneck term. Suppose there is a superbowl party, and Cletus and his friends are thirsty. Cletus says to his wife, "Hey Thelma, gitis a beer."

35 posted on 09/14/2006 8:24:15 AM PDT by Enterprise (Let's not enforce laws that are already on the books, let's just write new laws we won't enforce.)
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To: robertpaulsen

".........Cryptococcus neoformans." Crypt o'cockus? Oh, say it ain't so. You made that up, right?


36 posted on 09/14/2006 8:25:14 AM PDT by diogenes ghost
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To: Wristpin
I read an article which stated that the average gay male dies by age 42 and less than one percent of them ever live to draw Social Security.

That's OK. At least the government can use their money to pay for all that AIDs research crap.
With a simple change of behavior, AIDs would go extinct and it's elimination would be free.

37 posted on 09/14/2006 8:27:28 AM PDT by concerned about politics ("Get thee behind me, Liberal.")
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To: Always Right
Wonder if the truth behind this will ever come out. The police were brought into their bedroom under false pretense, so they could 'catch' these guys engaging in sex for the sole purpose of gaining standing so they could challenge this law.

Where could I find proof of that?

38 posted on 09/14/2006 8:30:24 AM PDT by Protagoras (Lay down with dogs, get up with fleas)
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To: Borges
Everyone should go to google and search the videos for "Boys Beware". I watched it yesterday, it's great. It's from the late 50's/early 60's and it pretty well sums up homosexuality as a "contagious" mental illness. I really believe they had it figured out correctly back then. It's also worth viewing to see just how far backwards American society has gone since then.

Having said that, I'm not crazy about the government enforcing bedroom laws. On the other hand, this whole thing sounds like it was a setup. It appears to me that God may have a few laws that the Supreme Court can't touch.

39 posted on 09/14/2006 8:33:02 AM PDT by badbass
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To: Froufrou
That was really well put. I have to say, my experience with gay people has been that they are incapable of monogamous behavior and are therefore not to be trusted.

I don't know about that...but I would put them on par with any other nice, intelligent addict. They have a problem that is consuming them, that is fed by issues they have with their past or their families, and most will not admit it is a problem because the Left has been preaching to them that "they are just fine as they are." If I told a chronic alcoholic or a heroin addict "Hey, you're fine. Really. You just can't help yourself. It's how God made you" then the Left would call me a heartless bastard. (But they do it every day.)

If anything, it is the ulitimate form of selfishness. They are the center of the Universe, they see themselves as being the ulitimate victim, persecuted by society, and they feel they have no obligations to anyone outside of themselves. They are God.

I mostly feel sorry for these 3 guys I know because they will never know what it is like to be a father. I give up tons of things for my kids because I love them; I sacrifice and go without because I love them so much. It is my gift from God to be able to love and care for my children. But how can they embrace a sinning lifestyle that is all about SELF and nothing else and hope to learn self-sacrifice in the name of a greater good? Ain't gonna happen.

40 posted on 09/14/2006 8:34:02 AM PDT by 50sDad (ST3d: Real Star Trek 3d Chess: http://my.ohio.voyager.net/~abartmes/tactical.htm)
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To: Borges


May God have mercy on his soul!


41 posted on 09/14/2006 8:34:26 AM PDT by dcnd9
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To: Protagoras

you could read post 13.


42 posted on 09/14/2006 8:39:14 AM PDT by Always Right
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To: Protagoras

http://www.worldnetdaily.com/news/article.asp?ARTICLE_ID=46984


43 posted on 09/14/2006 8:39:35 AM PDT by fml
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To: Borges
So he died of GRID: Gay Related Immune Disorder.
In the interest of PC, they changed it to AIDS.
The first name seems to apply better though.
44 posted on 09/14/2006 8:40:21 AM PDT by RobRoy (Islam is more dangerous to the world now that Naziism was in 1937.)
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To: Ramius
"but governments have no business writing anti-sodomy laws."

A states' police power allows them to write laws concerning the health and safety of its citizens. This is not a federal issue.

45 posted on 09/14/2006 8:46:26 AM PDT by robertpaulsen
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To: Always Right

Thank you


46 posted on 09/14/2006 8:46:55 AM PDT by Protagoras (Lay down with dogs, get up with fleas)
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To: Dane

These guys are gay??


47 posted on 09/14/2006 8:58:48 AM PDT by NCLaw441
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To: robertpaulsen

Of course states have the power to do lots of things. They should not, however, be in the business of regulating the ordinary "health and safety" of the citizenry.

Not everything that's a bad idea needs to be illegal. Just as not everything that's a good idea needs to be required.


48 posted on 09/14/2006 10:25:41 AM PDT by Ramius (Buy blades for war fighters: freeper.the-hobbit-hole.net --> 1600 knives and counting!)
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To: Ramius
"Not everything that's a bad idea needs to be illegal."

I agree. But homosexual sodomy does pose a health risk for the citizens of a state and a financial burden. To say that the state is powerless to prevent the spread of a lethal disease because it may violate a right to privacy is ludicrous.

May I print counterfeit money in the privacy of my own home? Manufacture (not sell or use) methamphetamine in the privacy of my own home?

The list, of course, goes on.

There is a thing called a "compelling state interest" that allows five U.S. Supreme Court justices to decide what a "fundamental" right is, and whether a state law affecting that "right" is in the state's interest, and whether it is "compelling" or not.

In my opinion, that should be the states' decision.

49 posted on 09/14/2006 10:55:56 AM PDT by robertpaulsen
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To: Borges

oh, goody. he won the right for men to die young from an aids related death. whoopi


50 posted on 09/14/2006 11:00:19 AM PDT by tioga
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