Posted on 06/30/2003 5:59:18 AM PDT by madprof98
'believe we enjoy'? 'could be'? 'Scalia-dominated'?
Now who's playing with language?
That is not what I said at all. What I DID say, or at least the point I was trying to make, is that this legislation will be used as leverage to revisit cases in which inmates are already serving time for the commission of homosexual assaults. In light of the legislation, probably some, maybe many, will have their sentences commuted or even have their convictions overturned and will end up back on the streets. The fact that this particular case came up IMMEDIATELY following the ruling strongly suggests that a trend will follow, if history is any indicator of how these things go. Once the militant activist gains an inch, he immediately presses for the proverbial mile and the ACLU is always on hand to aid and abet the lowest common denominator. The result will be chaos in the courts and furthur erosion of the society in which we live.
What a moron.
Yes indeed. It also shows that the Supreme Court was well aware of the molestation implication when it was writing the Lawrence opinions. Kennedy's assurance that Lawrence had nothing to do with sex with minors was thus disingenuous in the extreme. (What does that tell us about his other assurances, about gay marriage, prostitution, etc.?)
If they are serving more time than persons convicted of "heterosexual assaults", then what's the problem?
The fact that this particular case came up IMMEDIATELY following the ruling strongly suggests that a trend will follow, if history is any indicator of how these things go
Uh, it didn't immediately come up. The SCOTUS was ALREADY lookig at it. Good grief. Do you think a case is appealed to and accepted by the SCOTUS overnight?
No sooner than it was handed down, homosexual sex offenders are released from prison,
Again, no sex offender has been released from prison due to the decision.
If some end up getting released because they were sentenced to lengthy sentences based soley upon the fact that the act was committed upon a person of the same sex, then that's what happens. Its an equal protection question.
Just to add detail to that point:
Men whose sodomy case led to Supreme Court ruling keep low profile
BY BRUCE NICHOLS
The Dallas Morning News
"They are not the kind of people that the lawyers want to comment on this case," Hill said. "They were never a couple. . . . They are not articulate."
It was neither man's first brush with the law when a Harris County sheriff's deputy, responding to a romantic rival's false report of a man with a gun, entered the apartment at the Colorado Club on Sept. 17, 1998, and found the men engaged in sex.
For Garner, Harris County court records list arrests for assault, drunken driving and possession of a small amount of marijuana. Department of Public Safety records show only two convictions for assault, in 1995 and 2000. Lawrence has two convictions for drunken driving and one for murder-by-automobile in 1967.
In 2000, the former roommate of Garner who called deputies to the apartment - and was later convicted of filing a false police report - went to court to obtain a protective order against Garner, accusing him of several beatings and a sexual assault.
Garner "punched me on my left eye two times" in January 2000, said Robert Royce Eubanks in an affidavit. Garner also beat Eubanks with a hose in 1999 while "using crack and drinking" and beat him with a belt in 1998, the affidavit said.
In May 1998, Garner "stabbed me on my right ring finger with a box cutter" and "grabbed a hot iron and burned me" and "then sexually assaulted me," Eubanks charged.
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. Anyone with information in this incident is urged to contact the Houston Police Homicide Division at 713-308-3600 or Crime Stoppers at 713-222-TIPS. The case was assigned to Officer L.D. Garretson of the HPD Homicide Division. JFC 10-17-00 |
It seems the state has developed a "compelling interest" in increasingly more parts of our personal lives. Seems like there should be a clear definition of what constitutes a compelling interest. Obviously common sense, decency and good judgement are no longer a reliable basis for administering the law.
That's like saying you can pass a law against being Jewish because that law applies to everyone, Christian, Jew, Muslim, Hindu or atheist.
GraniteStateConservative: The author is right. That was a stupid thing for Scalia to state.
From reading Scalia's dissenting opinion, I gather Scalia would counter that a State cannot pass a law against being Jewish because the freedom of worship is an historically recognized fundamental right as evidenced by the First Amendment to the Constitution. There is no history of sodomy being a recognized right in the US. The history is that it has been outlawed for much of US history. That being the case, citizens of the several States are free to legislate on the issue of sodomy as they see fit, without interference from the Federal gov't. Because of the First Amendment, citizens of the several States are not free to legislate on religion as they see fit
If you haven't read either Justice Kennedy's majority opinion or Scalia's dissent (and the C. Thomas dissent as well), I recommend them. Best to get it straight from the horse's mouth.
I wonder who committed the fatal assault on Eubanks. I wonder if the reason Eubanks couldn't be found for the court hearing was that he was already dead (or possibly just otherwise intimidated.) I wonder if Garner has an alibi for the time of the murder of Eubanks.
But the ACTION on it did come virtually overnight.
"No sooner than it was handed down, homosexual sex offenders are released from prison"
Okay, so far there is only one. I was using hyperbole, which you obviously failed to recognize, but I do not believe I am that far off the mark.
The SCOTUS has clearly put homosexual acts as equal under the law to heterosexual acts, to include experimentation among children/adolescents. The fact that a convicted homosexual sex offender must now be sentenced the same as a heterosexual sex offender, especially in a case where adolescent sex blurs the line between adult/minor and consent only provides clarity to the decision.
Right?
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