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European Union Influenced US Supreme Court on Sodomy
SeaMax ^ | 7/3/2003 | Fr. Michael Reilly

Posted on 07/03/2003 9:21:41 AM PDT by Hugenot

As the Supreme Court ruling on Texas' sodomy law continues to generate controversy, Austin Ruse of the Catholic Family & Human Rights Institute reveals a disturbing new element.

The US Supreme Court used foreign precedents in formulating their decision.

In the majority opinion, Justice Anthony Kennedy referred to a "Friend of the Court" brief submitted by former UN High Commissioner for Human Rights Mary Robinson.

"This Court should not decide in a vacuum whether criminalization of same-sex sodomy between consenting adults violates constitutional guarantees of privacy and equal protection. Other nations with similar histories, legal systems, and political cultures have already answered these questions in the affirmative. This Court should pay due respect to these opinions of humankind."

Robinson continued to warn the US Supreme Court warning the Supreme Court that, "To ignore these precedents virtually ensures that this Court's ruling will generate controversies with the United State's closest global allies."

Justice Scalia expressly condemned this apparent reliance on foreign precedent in his dissent: "Constitutional elements do not spring into existence…as the Court seems to believe, because foreign nations decriminalize conduct. ...this Court…should not impose foreign moods, fads, or fashions on Americans."

Even more alarming, Ruse warns, "If the Supreme Court continues to be guided by the decisions of the UN and the EU, US recognition of same-sex marriage could eventually follow suit."


TOPICS: Culture/Society; Editorial; Extended News; Foreign Affairs; Front Page News; Government; News/Current Events; US: Texas
KEYWORDS: austinruse; cfhri; court; europe; gays; lawrence; lawrencevtexas; scotus; scotuslist; sodomy; sovereigntylist; texas

1 posted on 07/03/2003 9:21:41 AM PDT by Hugenot
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Comment #2 Removed by Moderator

Comment #3 Removed by Moderator

To: Hugenot
bump
4 posted on 07/03/2003 9:30:04 AM PDT by foreverfree
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To: Hugenot
The US Supreme Court used foreign precedents in formulating their decision.

No, it didn't. Kennedy was explicitly responding to Chief Justice Burger's use of the Theodosian & Justinian Code - amongst other such ridiculous inanities - in the Bowers v Hardwick ruling. If Burger had not cited European precedents in that ruling, Kennedy would not have needed to cite them in response to Burger...

5 posted on 07/03/2003 9:43:16 AM PDT by AntiGuv ()
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To: Hugenot
That name Mary Robinson keeps popping back up within the ongoings of this nation. The odd part is that Robinson is not an elected representative of anyone in this nation. Being a (former) commissioner for the UN should be grounds for the brief filed by her to see the shredder.

Robinson is not even an elected official of any European nation. Just because you are appointed to something does not mean spawning policy is your role.

May I be the first, considering I enjoy the same unelected rights as Ms.Robinson, to file a brief before the EU to have her bitch slapped?

6 posted on 07/03/2003 9:54:12 AM PDT by blackdog (Who weeps for the tuna?)
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To: Hugenot
This article is disingenuous. Scalia himself has acknowledged that looking to laws of other nations is proper in interpreting the Constitution. He wrote:

"The practices of other nations, particularly other democracies, can be relevant to determining whether a practice uniform among our people is not merely a historical accident, but rather so 'implicit in the concept of ordered liberty' that it occupies a place not merely in our mores but, text permitting, in our Constitution as well." Thompson v. Oklahoma, 487 U.S. at 868 n. 4, Scalia dissenting
7 posted on 07/03/2003 9:58:44 AM PDT by Dilly
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To: Hugenot
UN?! even more important to push the Federal Marriage Amendment.
8 posted on 07/03/2003 10:13:28 AM PDT by longtermmemmory (Vote!)
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To: Hugenot
Mary Robinson should not have even been allowed to file an amicus brief. Permission of the court is required.
9 posted on 07/03/2003 10:32:50 AM PDT by lady lawyer
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To: Hugenot
This is indeed disgusting. But much as I deplore Mary Robinson, the real problem is Anthony Kennedy and the other corrupt justices on the Supreme Court.

As soon as it was announced that the Supreme Court would review this case, it was obvious to me that they intended to reverse their earlier opinion. Otherwise, why take the case? It was a done deal.
10 posted on 07/03/2003 11:05:47 AM PDT by Cicero (Marcus Tullius)
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To: AntiGuv
No, it didn't. Kennedy was explicitly responding to Chief Justice Burger's use of the Theodosian & Justinian Code - amongst other such ridiculous inanities - in the Bowers v Hardwick ruling. If Burger had not cited European precedents in that ruling, Kennedy would not have needed to cite them in response to Burger...

Bowers was decided 5 years after the Europeans had already set a precedent involving homosexuals.

Burger cited no cases of specific laws of European legal precedent in his opinion, it was an historical perspective.

Kennedy and the dwarfs, on the other hand, cited multiple cases of European precedent in the last 30 years. So they, in part, justified their ruling on the current mores of socialist nations in usurping the tenth amendment rights of Texans.

Bodes well for gun control, socialised medicine and three month's on holiday on your dime.

11 posted on 07/03/2003 11:13:26 AM PDT by jwalsh07
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To: jwalsh07
Bowers was decided 5 years after the Europeans had already set a precedent involving homosexuals.

The context is not dependent on the chronology.

Burger cited no cases of specific laws of European legal precedent in his opinion, it was an historical perspective.

Agreed. Kennedy cited no cases of specific laws of European legal precedent in his opinion, it was an historical perspective [in response to an historical perspective].

12 posted on 07/03/2003 11:15:52 AM PDT by AntiGuv ()
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To: AntiGuv
The European Court of Human Rights has followed not Bowers but its own decision in Dudgeon v. United Kingdom. See P. G. & J. H. v. United Kingdom, App. No. 00044787/98, ¶ ;56 (Eur. Ct. H. R., Sept. 25, 2001); Modinos v. Cyprus, 259 Eur. Ct. H. R. (1993); Norris v. Ireland, 142 Eur. Ct. H. R. (1988).

Certainly he did unless the United Kingdom, Cyprus and Ireland are the 51, 52 and 53 states.

He also cited Mary Robinsons amicus brief. Did Burger?

13 posted on 07/03/2003 11:38:41 AM PDT by jwalsh07
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To: jwalsh07
Burger cited the 4th Century Theodosian Code at 9.7.6; the 6th Century Justinian Code at 9.9.31; English royal statutory authority - 25 Henry VIII 6; and the common law of England as described in Blackstone's Commentaries....
14 posted on 07/03/2003 11:50:45 AM PDT by AntiGuv ()
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To: Hugenot
"This Court should not decide in a vacuum whether criminalization of same-sex sodomy between consenting adults violates constitutional guarantees of privacy and equal protection. Other nations with similar histories, legal systems, and political cultures have already answered these questions in the affirmative. This Court should pay due respect to these opinions of humankind."

That should be grounds for impeachment and removal from the bench, in and of itself.

15 posted on 07/03/2003 11:51:46 AM PDT by dirtboy (Not enough words in FR taglines to adequately describe the dimensions of Hillary's thunderous thighs)
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To: blackdog
No, but you have the same right as an unelected person to file an amicus brief.
16 posted on 07/03/2003 1:09:47 PM PDT by TheAngryClam (NO MULLIGANS- BILL SIMON, KEEP OUT OF THE RECALL ELECTION!)
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To: AntiGuv
Talk about a rolling 180. Wow!
17 posted on 07/03/2003 2:28:24 PM PDT by jwalsh07
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To: dirtboy
That should be grounds for impeachment and removal from the bench, in and of itself.

Nice to know I'm not alone in being troubled by SCOTUS using Eurotrash precedent.

18 posted on 07/03/2003 2:29:53 PM PDT by jwalsh07
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To: Hugenot
Sooooo ... the UN sticks it to us once again ...??
19 posted on 07/03/2003 2:34:59 PM PDT by The Final Harvest ( America - You Are The Greatest!!)
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To: Hugenot
So they used foreign precedent..
That is a bad idea.
There are several foreign law precedents that go directly against the Constitution.
This is a very bad idea.
20 posted on 07/03/2003 3:40:24 PM PDT by Darksheare ("Nox aeturnus en pax.")
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To: Hugenot
What a jerk this haughty UN woman is.
Really, no regard for our own sovereignty.

21 posted on 07/03/2003 4:06:46 PM PDT by WOSG (We liberated Iraq. Now Let's Free Cuba, North Korea, Iran, China, Tibet, Syria, ...)
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To: WOSG
United Nations international legal system= U.S Supreme Court!
22 posted on 07/04/2003 5:08:05 PM PDT by furnitureman
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To: WOSG
a package of 34 treaties, all of which were ratified by a show of hands -- no recorded vote.http://www.freerepublic.com/forum/a3a325b3f5d31.htm

Annan in historic meeting with Supreme Court &Congress/is believed to be unprecedented.http://www.freerepublic.com/forum/a3b0c30a81760.htm
23 posted on 07/04/2003 5:08:57 PM PDT by furnitureman
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To: AntiGuv
Apples and oranges...one is the traditional sourcing for Western law, the other a PC modernistic and aggressively"humanist"legal currency.
24 posted on 07/05/2003 11:23:04 AM PDT by steve8714 (info useful for later.)
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To: jwalsh07
Weren't the Libertarians hailing this decision?
25 posted on 07/06/2003 5:19:09 PM PDT by Republican Wildcat (Help us elect Republicans in Kentucky! Click on my name for links to all the 2003 candidates!)
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To: Republican Wildcat
yes.
you'll find lots of them here.

http://www.freerepublic.com/focus/f-news/939106/posts
26 posted on 07/06/2003 9:55:28 PM PDT by I got the rope
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To: Hugenot
The elites in the United States and elsewhere have far more in common with one another than they have with the "lower classes" of their own countries. By elites I mean the upper 2%. Warren Buffet is as fanatical on certain social issues as any European socialist.
27 posted on 07/06/2003 10:07:25 PM PDT by RobbyS
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