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Anti-sodomy laws violate individual liberties
The NH Sunday News ^ | 5/11/03 | Deroy Murdock

Posted on 05/11/2003 7:04:33 AM PDT by RJCogburn

IN AN April 30 essay titled "The Libertarian Question," my fellow National Review Online contributing editor Stanley Kurtz argues that laws against sodomy, adultery and incest should remain on the books largely to protect the institution of heterosexual marriage.

By stigmatizing sexual relations outside that institution, Kurtz believes "the taboo on non-marital and non-reproductive sexuality helps to cement marital unions, and helps prevent acts of adultery that would tear those unions apart."

Kurtz also states that keeping adult incest illegal will reduce the odds of sex between adults and their minor relatives. Anti-pedophilia laws, virtually everyone agrees, should be energetically enforced, whether or not the child molesters and their victims are family members.

But Kurtz overlooks the fact that anti-sodomy laws can throw adults in jail for having consensual sex. Approval or disapproval of homosexual, adulterous or incestuous behavior among those over 18 is not the issue. Americans should remain free to applaud such acts or, conversely, denounce them as mortal sins. The public policy question at hand is whether American adults should or should not be handcuffed and thrown behind bars for copulating with people of the same sex, beyond their own marriages or within their bloodlines.

If this sounds like hyperbole, consider the case of Lawrence and Garner v. Texas, currently before the Supreme Court.

On Sept. 17, 1998, Harris County sheriffs deputies responded to a phony complaint from Roger Nance, a disgruntled neighbor of John Geddes Lawrence, then 55. They entered an unlocked door to Lawrence's eighth-floor Houston apartment looking for an armed gunman. While no such intruder existed, they did discover Lawrence having sex with another man named Tyron Garner, then 31.

"The police dragged them from Mr. Lawrence's home in their underwear," says Brian Chase, a staff attorney with the Dallas office of the Lambda Legal Defense Fund (www.lambdalegal.org) which argued on the gentlemen's behalf before the Supreme Court. "They were put in jail for 24 hours. As a result of their conviction, they would have to register as sex offenders in Idaho, Louisiana, Mississippi and South Carolina. If this arrest had taken place in Oklahoma, they could have faced 10 years in prison. It's kind of frightening." Lawrence and Garner were fined $200 each plus $141.25 in court costs.

Ironically, Chase adds by phone, "At the time the Texas penal code was revised in 1972, heterosexual sodomy was removed as a criminal offense, as was bestiality."

Even though some conservatives want government to discourage non-procreative sex, those Houston sheriff's deputies could not have apprehended a husband and wife engaged in non-reproductive oral or anal sex (although married, heterosexual couples still can be prosecuted for the same acts in Alabama, Florida, Idaho, Louisiana, Mississippi, North Carolina, South Carolina, Utah and Virginia). And were Lawrence caught naked in bed with a Rottweiler, consenting or otherwise, the sheriffs could not have done more than suggest he pick on someone his own species. However, because Lawrence preferred the company of a willing, adult human being of his same sex, both were shuttled to the hoosegow.

"The point is, this could happen to anyone," Chase says. "This was the result of a malicious prank call made by a neighbor who was later arrested and jailed for 15 days for filing a false report."

As for grownups who lure children into acts of homosexuality, adultery and incest, the perpetrators cannot be imprisoned quickly enough. The moment members of the North American Man-Boy Love Association go beyond discussion of pedophilia to actions in pursuit thereof, someone should call 911 and throw into squad cars the men who seek intimate contact with males under 18. Period.

The libertarian question remains before Stanley Kurtz and the Supreme Court. Should laws against adult homosexuality, adultery and incest potentially place taxpaying Americans over 18 behind bars for such behavior? Priests, ministers, rabbis and other moral leaders may decry these activities. But no matter how much people may frown upon these sexual appetites, consenting American adults should not face incarceration for yielding to such temptations.

Here is the libertarian answer to this burning question: Things deemed distasteful should not always be illegal. This response is one that every freedom-loving American should embrace.


TOPICS: Culture/Society; Government
KEYWORDS: beastiality; court; criminal; deroymurdock; deviance; deviant; family; father; gay; gaytrolldolls; glsen; homosexual; homosexualagenda; houston; husband; law; libertarians; marriage; morality; mother; pflag; propaganda; same; sex; sodomy; sodomylaws; supreme; texas; wife
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To: buffyt
Quote:
That isn't sex, that is sodomy.
Unquote

So, what, in your mind, constitutes 'normal sexual relations between consenting married adults'. Do the lights have to be off and do both partners need to have at least one foot on the floor?
41 posted on 05/11/2003 8:59:49 AM PDT by BritExPatInFla
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To: RJCogburn
POINT being that via a letter sent to us, and yes everybody has a right to believe or NOT, states very cleary, the METHOD OF OPERATION of those of SODOM mind.

"THEY DECLARE THEIR SIN AS SODOM, THEY HIDE IT NOT"

What is being demanded by these with the mind and sin of SODOM is "SPECIAL LEGAL STATUS" based solely on "type" of "SEX" done with "CONSENT", a "CIVIL RIGHT"!

Now "WOE unto their SOUL" is not speaking to a flesh body, but to the spirit body and if their is a WOE to them because of their sin, delcaring it, not hiding it, then those who help them gain legal status simply because they are of SODOM those also become part of the WOE.
42 posted on 05/11/2003 8:59:58 AM PDT by Just mythoughts
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To: Publius6961
The problem is that the Texas case will set precedent for all the nation.

Targeted laws hurt.

P.S. I am getting the recipe from Mom again...sit tight.
43 posted on 05/11/2003 9:02:08 AM PDT by Luis Gonzalez (Most goldminers used to blame stuff on the ass.)
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To: Just mythoughts
This is not about stopping the sinners, it is about giving "legal status" to method of sex.

Bingo. You can't demand full faith and credit under the US Constitution for a license issued in one state which implies an illegal act in another. That scenario weakens the argument for "gay marriage", so the gays are attacking the statutory foundation of their legal difficulty.

God's law doesn't matter to these people, just the dependant insurance plan and survivor benefits. If they get this crap through, Divorce Court will eventually be a real circus....

44 posted on 05/11/2003 9:03:24 AM PDT by Smokin' Joe
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To: RJCogburn
You guys just gotta be able to make a better argument than that!

Well, if changing the subject is your idea of a "better" argument, plese, do continue with your delusion.

Read the title of the thread again. The words actually are very common and simple...

45 posted on 05/11/2003 9:04:47 AM PDT by Publius6961 (Californians are as dumm as a sack of rocks)
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To: RJCogburn
Is it wrong? Yes. Should it be illegal? No, since big govt busting down doors for private acts between consenting adults is MORE wrong.
46 posted on 05/11/2003 9:09:02 AM PDT by Dan from Michigan ("You are fined one credit for a violation of the verbal morality statute." - Demolition Man)
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To: IronJack
God's laws, not the state's, should govern morality.

Most felonies, as defined by the states, are morality laws. Stealing, murder, perjury: those all come out of that list of top 10 that God wrote in stone and gave to Moses.

In this article, the neighbor was arrested and given 15 days for bearing false witness.
47 posted on 05/11/2003 9:09:19 AM PDT by gitmo ("The course of this conflict is not known, yet its outcome is certain." GWB)
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To: RJCogburn
Even though some conservatives want government to discourage non-procreative sex,

Which legislatures are pursuing bans on condoms and the pill?
48 posted on 05/11/2003 9:10:31 AM PDT by gitmo ("The course of this conflict is not known, yet its outcome is certain." GWB)
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To: Luis Gonzalez
The problem is that the Texas case will set precedent for all the nation.

It may be a problem for some, but not for me.
I saw this thread as an intellectual free-for-all based on its title.

Muddying the subject of discussion never turns up the light, but it certainly turns up the heat!
There are many laws I have problems with in many areas. But arguing that "individual Liberty" is at risk is a specious sophomoric argument and sophistry pure and simple.

Best regards to your mother on this special day.

49 posted on 05/11/2003 9:11:08 AM PDT by Publius6961 (Californians are as dumm as a sack of rocks)
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To: Publius6961
Am I the only one who sees the moronic and perverse (and pervert) logic in these two sentences?

Apparently you're the only one who can't differentiate between genetic probabilities and morality engineering. Promoting marriage may or may not be a good SOCIAL idea. Preventing birth defects by limiting incestuous sexual relations has an undeniable BIOLOGICAL benefit.

50 posted on 05/11/2003 9:12:56 AM PDT by IronJack
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To: Dan from Michigan
Right and wrong are only what God says are right and wrong, not what the Libertarian Party, NAMBLA, or the Lambda Legal Defense Fund claim.
51 posted on 05/11/2003 9:13:13 AM PDT by Cultural Jihad
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To: RJCogburn
"At the time the Texas penal code was revised in 1972, heterosexual sodomy was removed as a criminal offense, as was bestiality."

I believe that this will be thrown out, on the simple grounds of "equal protection." If a specific act is legal between a man and a woman, then (due to the equal protection clause) it should be legal between two women or two men.

I'm not saying that it's right, just that it should be thrown out. Personally, I believe that given the circumstances, all laws governing personal conduct between consenting adults should be reconsidered. The #1 thing should be adultery, and there should be serious civil penalties for it, since adultery is anything but a "victimless" act. A marriage is, among other things, a contractual obligation, and like all contracts, it can be dissolved by the consent of the parties. However, if there's adultery and it causes the dissolution of the marriage, there should be a penalty. There should be a serious look at the concept of "no fault" divorce. I've believed for a long time that "no fault" divorce is far more detrimental to the institution of marriage than anything else, including homosexual marriage.

Mark

52 posted on 05/11/2003 9:18:14 AM PDT by MarkL
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To: Old Professer
The implication is that sodomy somehow adversely affects the institution of marriage. If as many married people commit sodomy as single people, how can that statement possibly be true? The major premise is flawed; therefore the conclusion drawn from that premise is specious.

As to my major premise being in doubt ("As many married people commit sodomy as single people"), show me any evidence that indicates that married couples engage less frequently in oral or anal sex than singles. Since the definition of sodomy is copulation involving any but the "natural" genitals, I maintain that your position is less likely than mine.

53 posted on 05/11/2003 9:18:32 AM PDT by IronJack
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To: Cultural Jihad
>>Right and wrong are only what God says are right and wrong, not what the Libertarian Party, NAMBLA, or the Lambda Legal Defense Fund claim.<<

Sounds like the Taliban credo to me. God says to kill the infidels. Who are we to argue?

54 posted on 05/11/2003 9:19:36 AM PDT by freedumb2003 (Peace through Strength)
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To: Grut
Wasn't there something about Lot, that 'virtuous' man, offering his daughters to visitors to use for sex? I guess God doesn't want us to have laws against procuring.

Actually, I believe that if you check, Lot did NOT offer his daughters to the visitors for sex. When the visitors (actually angels in disguise) arrived, the townfolk wanted to amuse themselves sexually with the visitors. Lot offered his daughters to the townfolk in their stead, in order to protect the visitors. In this case, he did what he believed to be the lesser of the evils.

Mark

55 posted on 05/11/2003 9:21:11 AM PDT by MarkL
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To: gitmo
Stealing, murder, perjury: those all come out of that list of top 10 that God wrote in stone and gave to Moses.

Then how do you explain that those same laws exist in cultures that don't recognize (or even know of) the Judeo-Christian ethic?

Theft, rape, murder -- all are illegal out of pure utilitarian considerations. If you are legally free to murder me, then I am legally free to murder you. Likewise with stealing, rape, etc.. In the absence of such communal constraints, civilization is impossible. It is to preserve civilization -- not a religious morality -- that such laws are passed. In fact, such constraints exist in cultures where written (statutory) law does not even exist.

56 posted on 05/11/2003 9:22:31 AM PDT by IronJack
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To: MarkL
>> However, if there's adultery and it causes the dissolution of the marriage, there should be a penalty. There should be a serious look at the concept of "no fault" divorce. I've believed for a long time that "no fault" divorce is far more detrimental to the institution of marriage than anything else, including homosexual marriage. <<

You know, that may be the most rational statement on the nature of marriage yet.

I watch, helplessly, people continue to substitute license for freedom while I have to intellectualy support their rights to do so. I am pretty much on the Dr. Laura side when it comes to what is morally acceptable. I find it appalling that people live together before marriage (unpaid prostitution), say "the father of my child" with no embarrarasment, children being raised by strangers instead of at least one of their parents, having more kids than can be afforderd, and people who generally put their wants and desires above that of their family or society.

But these should NOT be addressed by laws, rather by re-introducing the concept of shame into modern society.
57 posted on 05/11/2003 9:26:22 AM PDT by freedumb2003 (Peace through Strength)
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To: Cultural Jihad
Consenting to an evil deed makes it neither right nor tolerable. The Libertarians are advocating a form of infantilism: "I want, and therefore give me!"

Not at all... The moral crusaders are saying, "I know what's best for everyone, so you WILL do as I say." The libertarian though is simply, "what I do in the privacy of my own domocile is none of your damn business, as long as I am hurting no-one else." The libertarians are not demanding anything (as in your allusion to "give me"), but simply asking to be left alone.

Mark

58 posted on 05/11/2003 9:28:26 AM PDT by MarkL
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To: gitmo
Most felonies, as defined by the states, are morality laws. Stealing, murder, perjury: those all come out of that list of top 10 that God wrote in stone and gave to Moses.

But in the specific cases you mentioned, in addition to acts being moral offenses, they also cause specific and demonstrable harm to the victim. If we were to look at the Ten Commandments as a whole, they can be broken down into two types of commandments: One where you are violating "the Law" with G-d, and another where in addition to that, you're causing harm to others. Theft, envy, bearing false witness, murder are all cases where you are harming others. However, what crime are you commiting by violating the First Commandment? And with an exception to the Menendez brothers case, what crime is committed when you fail to honor your parents?

Mark

59 posted on 05/11/2003 9:37:05 AM PDT by MarkL
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To: borntodiefree
You wrote: Maybe you missed the web site you are on...it is called "FreeRepublic". Maybe you missed the damage that deviant and perverse behaviors do to society, in healthcare costs, corrosion and destruction to vital institutions of society, etc. Get a clue: there is no such thing as absolute and total freedom as long as there are two or more individual human beings in proximity to each other. Here at our FR home, there are limits to the 'freedon' you may exercise. If you are absolutely 'borntodiefree' your death will have come in a wilderness, far, far from any other living human being. Laws set collective standards and protections for the individuals within the society, between the individuals, and the individuals and the central authority.
60 posted on 05/11/2003 9:37:27 AM PDT by MHGinTN (If you can read this, you've had life support from someone. Promote Life Support for others.)
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