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To: Polycarp
Thats OK, but did you bother to read Scalia's opinion here?

I did.

How about highlighting something important.

OK.

Social perceptions of sexual and other morality change over time, and every group has the right to persuade its fellow citizens that its view of such matters is the best. That homosexuals have achieved some success in that enterprise is attested to by the fact that Texas is one of the few remaining States that crimi-nalize private, consensual homosexual acts.

16 posted on 06/26/2003 6:42:22 PM PDT by sinkspur
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To: sinkspur
You're hopeless, Sinky ;-)

Context is our friend.

Here, I'll help you:

It is clear from this that the Court has taken sides in the culture war, departing from its role of assuring, as neutral observer, that the demo-cratic rules of engagement are observed. Many Americans do not want persons who openly engage in homosexual conduct as partners in their business, as scoutmasters for their children, as teachers in their children’s schools, or as boarders in their home. They view this as protecting themselves and their families from a lifestyle that they believe to be immoral and destructive.

The Court views it as "discrimination" which it is the function of our judg-ments to deter. So imbued is the Court with the law profession’s anti-anti-homosexual culture, that it is seem-ingly unaware that the attitudes of that culture are not obviously "mainstream"; that in most States what the Court calls "discrimination" against those who engage in homosexual acts is perfectly legal; that proposals to ban such "discrimination" under Title VII have repeatedly been rejected by Congress...and that in some cases such "discrimination" is a constitutional right,

Social perceptions of sexual and other morality change over time, and every group has the right to persuade its fellow citizens that its view of such matters is the best. That homosexuals have achieved some success in that enterprise is attested to by the fact that Texas is one of the few remaining States that crimi-nalize private, consensual homosexual acts. But per-suading one’s fellow citizens is one thing, and imposing one’s views in absence of democratic majority will is some-thing else. I would no more require a State to criminalize homosexual acts—or, for that matter, display any moral disapprobation of them—than I would forbid it to do so. What Texas has chosen to do is well within the range of traditional democratic action, and its hand should not be stayed through the invention of a brand-new "constitu-tional right" by a Court that is impatient of democratic change.

25 posted on 06/26/2003 6:55:35 PM PDT by Polycarp (Free Republic: Where Apatheism meets "Conservatism.")
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