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BLAME THE GOP FOR PRO-SODOMY COURT DECISION
The Heustis Update ^ | June 27, AD 2003 | Reed R. Heustis, Jr.

Posted on 06/29/2003 11:26:04 AM PDT by Polycarp

BLAME THE GOP FOR PRO-SODOMY COURT DECISION By: Reed R. Heustis, Jr. June 27, AD 2003

With one stroke of the pen, [homosexuality] has triumphed at the Supreme Court.

And guess what?

Republican-appointed Justices are to blame.

With a convincing 6-3 decision in Lawrence v. Texas, the United States Supreme Court on June 26 overturned a 1986 case, Bowers v. Hardwick, which had upheld the legitimacy of an anti-sodomy law. Sodomites and perverts all across America are hailing the Lawrence decision as the biggest gay rights victory in our nation's history.

Mitchell Katine, the openly gay attorney representing John Lawrence and Tyron Garner, the men whose arrest in 1998 led to the decision, proclaimed, "this is a day of independence."

Whereas homosexual deviancy has long been celebrated in the media and on our university campuses over the last two decades, the Johnny-come-lately Supreme Court now joins the orgy. As dissenting Justice Antonin Scalia correctly stated, "The court has taken sides in the culture war...."

How could this have happened?

Weren't Republicans supposed to be the champions of traditional values?

Weren't Republicans supposed to be the stalwart defenders of our nation's Christian heritage?

Seriously, just think:

Every four years without fail, the Republican Party instructs Christians to elect Republicans to office so that we can thwart the left wing agenda of the Democratic Party.

Every four years without fail, the Republican Establishment warns its rank and file never to vote for a third party candidate, lest we elect a Democrat by default by "giving him the election".

Every four years without fail, Christians are told that third party candidates cannot win, and that a vote for a third party candidate is somehow a vote for the Democrat.

Every four years without fail, Christians are bamboozled into believing that their beloved Republican Party will restore this nation to its Christian heritage.

Every four years without fail, we are told that only a Republican can appoint a conservative Justice to the high bench so that liberalism can be stopped cold.

Without fail.

Christians, wake up!

It is the Republican Party that is responsible for moronic decisions such as Lawrence. Quit blaming the liberals and the Democrats. Blame the GOP!

Out of the six Justices that formed the horrifying 6-3 Lawrence majority, four were appointed by Republicans! Four!

Justice John Paul Stevens was nominated by President Gerald Ford - a Republican.

Justices Sandra Day O'Connor and Anthony Kennedy were nominated by President Ronald Reagan - a Republican.

Justice David Souter was nominated by President George H.W. Bush - a Republican.

Two-thirds of the majority opinion were Republican-appointed!

"I believe this needs to be trumpeted," says Tim Farness, 1st District Representative of the Constitution Party of Wisconsin.

Indeed it does.

A 4-2 majority of the six Justices forming the Lawrence decision was Republican-appointed.

Republican President George W. Bush intends to run for a second term in 2004. Don't be too surprised when we start hearing the same-old song and dance all over again: "Elect Republicans so that we can defeat the Democratic agenda."

Mr. President: the Republican Party is the Democratic agenda.

© AD 2003 The Heustis Update, accessible on the web at www.ReedHeustis.com. All Rights Reserved.


TOPICS: Constitution/Conservatism; Culture/Society; Editorial; Extended News
KEYWORDS: activistcourt; activistsupremecourt; ageofconsentlaws; bigomylaws; catholiclist; consentingadults; consentingteens; downorupanyorifice; downourthroats; druglaws; homosexualagenda; houston; incestlaws; lawrencevtexas; marriagelaws; pc; politicallycorrect; polygomylaws; privacylaws; prostitutionlaws; protectedclass; republicans; rinos; samesexdisorder; sexlaws; sodomylaws; texas
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To: tpaine
I agree that due process must be upheld, but THERE WAS DUE PROCESS in this case. The judges are supposed to make sure the arrest and conviction PROCEDURES are the same for all groups, NOT decide which groups activities should be legal or illegal.

For example, if the law said that homosexuals could not testify in court, or that it was ok for vigilantes to beat them up, then that law should be thrown out. They would not be getting due process. WHAT SHOULD NOT be thrown out, is laws against specific behaviors. It is up to each state to decide what should be legal or illegal. Don't give me that hokem about legislating morality. ALL LAWS ARE LEGISLATED MORALITY- that is a primary function of law.
121 posted on 06/29/2003 2:59:46 PM PDT by Ahban
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To: betty boop; yall
" -- would you kindly explain to me from what text in the Constitution have the federal courts received any grant whatever to rule on issues involving sexuality?
-BB-


Our general rights to life & liberty pretty well encompress sexual rights Betty, - there's no need to enumerate them. Thus the courts powers granted under Art III apply to 'sexuality' issues, when such issues are violated.
The constitutional principle that life, liberty and property cannot be denied by fed/state/local 'laws' that violate due process, -- must be upheld.

Obviously, the court felt that the case in question defined that principle in private sexual matters.

Let us hope that the same principle can now be used to strike down the 'wars' on guns, drugs, and 'sin' that our prohibitionist brethren insist on fighting.



Where do you stand on such prohibitory type laws, Betty?
122 posted on 06/29/2003 3:00:40 PM PDT by tpaine (Really, I'm trying to be a 'decent human being', but me flesh is weak)
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To: Antoninus
To answer your question about Specter/Toomey positions:

Specter scores significantly better than Toomey or Santorum on HRC's SCORECARD FOR 107TH CONGRESS and GLBT Issues in the 107th Congress — 2nd Session

123 posted on 06/29/2003 3:09:53 PM PDT by optimistically_conservative
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To: Diddle E. Squat
The GOP pro-life stance has been on thin ice for some time.

Actually, it is frustrating when the GOP "leaders" won't stand up to the dems and go toe to toe with them on any number of issues. Entitlements, taxes, judicial appointments, whatever. A little verbal jousting would be good for public discourse, IMO.

The reason I generally vote GOP is that, unless the outcome is assured one way or the other, I would rather have the party of better manners. Manners at least implies morality. And it's the best chance we have of effecting any sort of change.

It's been mentioned here - the fact that there are so many fence sitters in the SCOTUS is due in large part to a dem held senate. If it wasn't for that, Bork would have been on the court twice over.
124 posted on 06/29/2003 3:11:11 PM PDT by Desdemona
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To: betty boop; Drew68; chicagolady; TheRightGuy; BillyBoy; yoe; Jim Robinson; sinkspur; Polycarp; ...
Please explain to me how acknowleding one's traditional heritage -- the one in which the DoI and Constitution are firmly rooted -- necessarily involves establishing a theocracy, Drew68.

Right on. We established an organizationally secular nation, upon what is learned by being disciples of Christ, whether "apodeicticly," or nominally, or even unwillingly so. Even the U. S. Constitution, while attempting to fulfill the flinty Christian, John Adams' wishes for a secular government, also acknowledged Christ by its drafters' and consignatories' title for him, "our Lord."

And while you're at it, would you kindly explain to me from what text in the Constitution have the federal courts received any grant whatever to rule on issues involving sexuality? Are you comfortable with the federal government unilaterally writing the moral code for our nation?

Apt question!

The government, from the highest court in the land, has imposed itself in our beadrooms and not stopping there, even into wombs, and now, excuse me, has established itself in rectums throught the nation.

125 posted on 06/29/2003 3:11:32 PM PDT by unspun ("Do everything in love.")
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To: Antoninus
I keep hearing, reading and seeing references to Arlen Sphincter and "the Scottish Law"... I must have missed the joke when it was made. What's that in reference to? Can anyone elucidate? (I love to use that word!)

Thanks in advance.
126 posted on 06/29/2003 3:14:20 PM PDT by Hinoki Cypress (At 53, it's the miles, not the years.)
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To: tpaine; betty boop
As for the Supreme Court merely being for "federal hands off," here, well, read through the majority opinions.

But I've forgotten for a moment, it seems that you even believe that the Amendment X powers of the States and People are somehow mitigated by the limits of powers placed upon Federal government.
127 posted on 06/29/2003 3:16:29 PM PDT by unspun ("Do everything in love.")
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To: Polycarp
The Law of Marriage and Family
http://www.freerepublic.com/focus/f-news/936205/posts

128 posted on 06/29/2003 3:17:57 PM PDT by Coleus (God is Pro Life and Straight and gave an innate predisposition for self-preservation and protection)
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To: Hinoki Cypress
Specter in the Impeachment of Clinton.....
129 posted on 06/29/2003 3:18:53 PM PDT by deport ( BUSH/CHENEY 2004...... with or without the showboy)
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To: aristeides
Police didn't include it as a factor in the assault charge and as the caller's name got little press until he himself was sentenced, it is doubtful that anyone knew who he was outside of the 2 men who took their cases to the Supreme Court).

I do consider it possible that there was a conspiracy to create the circumstance which brought them to court, I do not alledge any conspiracy to silence the caller.

Courts Holds Bush Supported Law Unconstitutional (Dateline: June 10, 2000)

The officers had been responding to a call from a third men that there was an armed intruder in the home. The caller turned out to be Garner's roommate and he was later sentenced to 30 days in jail for filing a false report.

At trial, Lawrence and Garner pleaded "no contest" in order to create an appealable finding of guilt.

Texas Sex Bust Sparks Challenge (November 7, 1998)

Prosecutions for private consensual sex acts are so rare that the laws are difficult to challenge, although their impact is frequently felt when they are cited in regards to other issues, such as discrimination, employment and adoption. Texas activists tried to raise a civil challenge to the sodomy law in 1994, but the state Supreme Court ruled that it did not have jurisdiction in the case because the plaintiffs had not been prosecuted under the sodomy law. In fact, only two or three sodomy cases have been prosecuted over the last 30 years in the state, and all those involved sex acts that took place in public jails in view of witnesses. Ironicaly, the infrequent enforcement of sodomy laws has also been used to justify leaving them on the books. Attorney for Garner and Lawrence Mitchell Katine, can now say, "For all those people who have said over the years that this statute is never enforced need to realize that that's not true."

So Texas activists, while outraged about the circumstances of the case, are enthusiastic about its potential. "We certainly hope to move this forward, and we'd love to see it move all the way up the ladder and be declared unconstitutional," said Houston Gay and Lesbian Political Caucus president Clarence Bagby. "We need to get this [sodomy law] off the books." Harris County District Attorney John B. Holmes Jr. agrees with the strategy. Although he intends to prosecute Garner and Lawrence under the presumption that the law is constitutional, he said, "But I've always said that the best way to get rid of a bad law is to enforce it."

This article also gave the wrong name (or an alias) for the caller: Roger David Nance. Several articles seemed to source the same article and propagated the name. There were also conflicting accounts of whether he served 15 or 30 days.

Appeals Court Rejects State’s Sodomy Law (June 9, 2000)

Robert Royce Eubanks, who was Garner’s roommate, was convicted of filing the false report and was sentenced to 30 days in jail.
Here is a blog that speculated that the caller was homophobic.

Some gay press articles say that the roomate was John Lawrence's, others say Tyrone Garner's. They don't care to get it right, just to get it on.

This wuote from John Holmes above "But I've always said that the best way to get rid of a bad law is to enforce it" and you'll see that there were some in the GOP who wanted to see this change come about. The blame needs to be focused on the DA, Chuck Rosenthal for playing to conservatives that he was doing his job by arguing the case effectively. I'm not even sure if that was Johnny Holmes quote or Chuck's quote (Chuck was the DA who handled the case).

Here is the police report on the dead caller:

Houston Police Online (October 17, 2000)

A man assaulted in the 3900 block of Faulkner on October 10 has died from his injuries.

Robert Royce Eubanks, 42, suffered severe head wounds and was pronounced dead last Saturday (Oct. 14) at Memorial Hermann Hospital.

Eubanks had left a residence on Faulkner, where he had been visiting a friend, and was seen walking in the 3900 block of Faulkner. Someone from the residence on Faulkner contacted 911 and Eubanks was transported to the hospital.

There is no known motive or suspect in this case at this time.

I found this new article which shed more light on Garner and Eubanks abusive relationship:

Men whose sodomy case led to Supreme Court ruling keep low profile(Lawrence Garner Texas)

130 posted on 06/29/2003 3:24:38 PM PDT by weegee
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To: aristeides
The Rats can always scare their yellow dogs by saying, "several justices are going to be appointed soon, we may not get rulings like this if the Republicans appoint more Scalias or Thomases".
131 posted on 06/29/2003 3:27:26 PM PDT by weegee
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To: Ahban
I agree that due process must be upheld, but THERE WAS DUE PROCESS in this case.

Bolding your opinion doesn't change the facts of due process in this issue.

The judges are supposed to make sure the arrest and conviction PROCEDURES are the same for all groups,

Due process of law is more than just legal procedure. The law itself cannot be arbitrary & unreasonable. Government must prove a compelling need, a basis for the laws restrictions on liberty.

NOT decide which groups activities should be legal or illegal.
For example, if the law said that homosexuals could not testify in court, or that it was ok for vigilantes to beat them up, then that law should be thrown out. They would not be getting due process. WHAT SHOULD NOT be thrown out, is laws against specific behaviors. It is up to each state to decide what should be legal or illegal.

Sorry, thats wrong. Neither fed/state/local governments were ever granted such a fiat power to decree things or acts to be 'criminal'. Booze prohibition required an amendment, repealed when sanity was restored.

Don't give me that hokem about legislating morality. ALL LAWS ARE LEGISLATED MORALITY- that is a primary function of law.

Yep, harmful criminal acts are the basis for law. What you believe to be 'sins' are not.

132 posted on 06/29/2003 3:29:31 PM PDT by tpaine (Really, I'm trying to be a 'decent human being', but me flesh is weak)
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To: weegee; Congressman Billybob
Is my understanding correct that Rosenthal claimed he had no choice but to prosecute? If so, I find it very surprising. As I understand prosecutorial discretion, it should have allowed Rosenthal to drop the case.

I believe I've heard that Griswold v. Connecticut (the Supreme Court case that struck down anticontraceptive laws, setting the stage for Roe) was collusively brought.

133 posted on 06/29/2003 3:36:14 PM PDT by aristeides
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To: unspun
The government, from the highest court in the land, has imposed itself in our beadrooms and not stopping there, even into wombs, and now, excuse me, has established itself in rectums throught the nation.
-spun-

You may view the issue from that last orifice you mention, spinner, but the actual point is clear:

The government of Texas [& other states] tried to impose itself in bedrooms, -- thus the highest court in the land had to restore some constitutional sanity to the question.



134 posted on 06/29/2003 3:42:11 PM PDT by tpaine (Really, I'm trying to be a 'decent human being', but me flesh is weak)
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To: tpaine
The government of Texas [& other states] tried to impose itself in bedrooms, -- thus the highest court in the land had to restore some constitutional sanity to the question.

It's a tough job, but someone has to do it. By the constitution, that party is found in Amendment X, and not the SCOTUS.

135 posted on 06/29/2003 3:44:22 PM PDT by unspun ("Do everything in love.")
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To: unspun
You believe a lot of weird things spinner.
Your 'forgotten' comment on what I supposedly believe is incoherant. Try again if you want a reply.
136 posted on 06/29/2003 3:50:25 PM PDT by tpaine (Really, I'm trying to be a 'decent human being', but me flesh is weak)
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To: unspun
"Party"?
Why can't you write a coherent sentence?
137 posted on 06/29/2003 3:56:28 PM PDT by tpaine (Really, I'm trying to be a 'decent human being', but me flesh is weakn)
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To: Polycarp
I do NOT at this time advocate leaving the GOP for a third party. But I fear the day is fast approaching when social conservatives and/or Christian conservatives will have no choice,

I advocate leaving the GOP. The day has come and gone. If Christian conservatives wish for the Republican Party to hold to it's principles, then Christian conservatives should practice what they preach and live by the principles that they think are most important. It's high time we shook the dust from our sandals and moved on.

138 posted on 06/29/2003 3:56:38 PM PDT by St.Chuck
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To: TexasCowboy
"Do you want to face it now, or let your kids take care of the problem?"

Well, I will grant that we are going to Hell with either party.
As the Mexicans flood in like a locust plague, it will not be long before they will make up 20% of the population and combined with patronized blacks, and their patronizing Marxist, life as we know it in America, will be lost forever.

You choose to be brave and go down with the ship.
I choose to hold on as long as I can.

If there were enough "traditional" people left in America, they would FIX the problems with the Republican party.

Going the third party route is nothing more then falling on the sword.

139 posted on 06/29/2003 3:57:07 PM PDT by AlexW
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To: Polycarp
It would appear to me that there is an issue that has not been address as a result of this Supreme Court decision: the decision itself is telling a state what it can and can not do in terms of determining it's own moral destiny.

Packing poop here is not the real issue here folks. Whether there is or is not a law, perverts will pack poop. What we should be addressing here is how the Supreme Court is completely inflated on the Supreme side of their roles.

While their role is to defend the US Constitutional law-which guarantees that States have the right to determine this decision and not the Supreme Court-they are creating and destroying law by the lack of virtue in their decisions.

While this is just another barrage of the Supreme Courts usurpation of Constitutional rule of law, now they have effectively eroded the States freedom to determine their own moral destinies.

We Americans should not be so naive as to think there are succinct differences between the two parties. In my minds eye, they are ideological twins.

Arrowhead-----packin poop--->

140 posted on 06/29/2003 3:57:22 PM PDT by Arrowhead
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