"No, that was one of the main issues: in Texas sodomy was legal between a man and a woman, but illegal between two people of the same sex. However, the court seemingly did not overturn the law on this equal protection basis."
But if this is based on the ever elusive unwritten constitutional right to privacy how do you maintain that a child and an adult do not have that same right to violate the law as long as their doing it behind closed doors?
The way I read it, it's based on private, consensual activities -- the assenting judges make this point again and again. Otherwise, it would also legalize serial killing and anything else one does in private. That's not to say I agree with the legal argument for this ruling -- I don't. I'm just relating why I don't think this creates precedence for pedophilia.
posted on 06/26/2003 9:05:15 AM PDT
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