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To: rintense
Personally, the thought of going in through the out door is a major turn off.

Remember that sodomy also includes oral sex under many sodomy statutes. Some states' statutes, including Louisiana's (I know because I used to live there), also apply to such relations between heterosexual couples. (Too bad Mr Clinton never took Miss Lewinsky with him to New Orleans. I'd trust Cajun jurors more than the US Senate for a fair impeachment trial.)

Let me add that as a Texan, I'm not too pleased that activist judges have invoked the Fourteenth Amendment in a case which should've been judged on the Tenth Amendment. Today's majority opinion and Justice O'Connor's concurring opinion rely on two separate clauses emanating from the Fourteenth Amendment; the former is based on due process, the latter is based on equal protection. The Court's incessant invocation of the Fourteenth Amendment -- which was also raised in the University of Michigan Law School affirmative action case -- is a massive loophole that liberal appelants are using at every turn with great success (thanks to activist judges like Mr Kennedy).

Justice Scalia hit the nail on the head in his dissent, writing:

Having decided that it need not adhere to stare decisis [i.e., letting previous decisions stand (following citations of Casey)], the Court still must establish that Bowers was wrongly decided and that the Texas statute, as applied to petitioners, is unconstitutional.
Texas Penal Code Ann. §21.06(a) (2003) undoubtedly imposes constraints on liberty. So do laws prohibiting prostitution, recreational use of heroin, and, for that matter, working more than 60 hours per week in a bakery. But there is no right to "liberty" under the Due Process Clause, though today's opinion repeatedly makes that claim...

Justice Scalia also warns that Justice O'Connor's consenting opinion "leaves on pretty shaky grounds state laws limiting marriage to opposite-sex couples" as she "argues that the discrimination in this law which must be justified is not its discrimination with regard to the sex of the partner but its discrimination with regard to the sexual proclivity of the principal actor." The majority decision also leaves an opening (I sure do hate using that phrase when discussing sodomy).

Now that they've overruled the wishes of the Texas electorate, I hope Justices O'Connor, Ginsburg, and Stevens will soon retire.

175 posted on 06/26/2003 10:04:58 AM PDT by the infidel
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To: the infidel
Doesn't Louisana also have an anti-vibrator law? Seriously.
176 posted on 06/26/2003 10:05:53 AM PDT by rintense (Thank you to all our brave soldiers, past and present, for your faithful service to our country.)
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