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Supreme Court urged to kill Texas' sodomy law
Houston Chronicle via World Net Daily-- Associated Press ^ | 1-16-2003

Posted on 01/17/2003 2:25:27 PM PST by Robert_Paulson2

Jan. 16, 2003, 6:45PM
Supreme Court urged to kill Texas' sodomy law
Associated Perss


A gay rights group today filed a brief with the U.S. Supreme Court urging the high court to overturn Texas' sodomy law in the case of two men charged with having sex inside a home in 1998.

Lambda Legal, which represents the two men, and several other organizations have asked the Supreme Court to declare the state's anti-sodomy law unconstitutional.

"Some of the most diverse and respected voices in this country are lining up to tell the Supreme Court that these laws are contrary to American values," said Ruth Harlow, the lead attorney on the case and legal director at Lambda Legal. "This is a tremendously important case for gay people and for everyone who believes in basic freedoms."

Sodomy is defined as abnormal sex, and some state laws include anal and oral sex in that definition. Nine states ban consensual sodomy for everyone: Alabama, Florida, Idaho, Louisiana, Mississippi, North Carolina, South Carolina, Utah and Virginia. Texas, Kansas, Missouri and Oklahoma punish only homosexual sodomy.

In December, the Supreme Court said it would review the prosecution of the two Houston men under a 28-year-old Texas anti-sodomy law.

The case began when sheriff's deputies, responding to a false report of an armed intruder, went into John Lawrence's apartment and discovered him having sex with Tyron Garner. Both men spent the night in the Harris County Jail and were released the next day.

Lawrence and Garner pleaded no contest and were fined $200 each. The sodomy law was a felony until 1974, when it was reduced to a misdemeanor that today carries a maximum $500 fine.

They won a brief victory when a state appeals court panel overturned the convictions and ruled the law unconstitutional. However, the full court reversed the ruling and affirmed the convictions and the law.

The Texas Court of Criminal Appeals, the state's highest criminal court, refused to hear the case, making the Supreme Court the next and final possible step.

The U.S. Supreme Court ruled 5-4 in 1986 that consenting adults have no constitutional right to private homosexual sex, upholding laws that ban sodomy.


TOPICS: Constitution/Conservatism; Extended News; News/Current Events; US: Alabama; US: Florida; US: Idaho; US: Kansas; US: Louisiana; US: Mississippi; US: Missouri; US: North Carolina; US: Oklahoma; US: South Carolina; US: Texas; US: Utah; US: Virginia
KEYWORDS: ageofconsentlaws; consent; dontbendover; gaymen; homosexual; homosexualagenda; houston; privacyrights; sodomylaws; statesrights; supremecourt; texas; trumpedupcase
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1 posted on 01/17/2003 2:25:28 PM PST by Robert_Paulson2
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2 posted on 01/17/2003 2:27:05 PM PST by Support Free Republic (Your support keeps Free Republic going strong!)
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To: Robert_Paulson2
Well, this news certainly sucks.
3 posted on 01/17/2003 2:32:03 PM PST by AxelPaulsenJr
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To: Robert_Paulson2

Throwing out stupid laws should be done by the State's legislature not the US Supreme Court.
4 posted on 01/17/2003 2:40:52 PM PST by Libertarianize the GOP
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To: Robert_Paulson2
The case began when sheriff's deputies, responding to a false report of an armed intruder, went into John Lawrence's apartment and discovered him having sex with Tyron Garner. Both men spent the night in the Harris County Jail ...
... where they met Ben Dover ...
5 posted on 01/17/2003 2:56:01 PM PST by eastsider
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To: Libertarianize the GOP
Throwing out stupid laws should be done by the State's legislature not the US Supreme Court.

We might still be counting chads in Florida if that were truly the case. Sometimes it's those state legislatures themselves that made the stupid law in question.

6 posted on 01/17/2003 3:08:48 PM PST by Prodigal Son
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To: Robert_Paulson2
"The U.S. Supreme Court ruled 5-4 in 1986 that consenting adults have no constitutional right to private homosexual sex, upholding laws that ban sodomy"



unless I am missing something, isn't this a good thing? a precedent has been set to ban homosexual activity, chances are good it won't be heard or the verdict will go against the gays.
7 posted on 01/17/2003 3:25:42 PM PST by COKE623
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To: COKE623
Watch what you ask for. Some state laws banning sodomy apply to both homosexual and heterosexual participants in activities like oral sex and anal sex.
8 posted on 01/17/2003 3:34:22 PM PST by wildbill
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To: wildbill
Exactly.
9 posted on 01/17/2003 3:51:40 PM PST by Prodigal Son
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To: wildbill
It's only applied to heterosexuals when there is evidence of sexual assault or rape. The Founders and the original 13 states were right on this issue.
10 posted on 01/17/2003 4:07:24 PM PST by Ol' Sparky
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To: Robert_Paulson2
Oh, yes ! That law is a (giggle !) pain in the a**
11 posted on 01/17/2003 4:15:10 PM PST by genefromjersey
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To: COKE623
unless I am missing something, isn't this a good thing? a precedent has been set to ban homosexual activity

Ummm... why would you want to do that?

12 posted on 01/17/2003 4:25:13 PM PST by DAnconia55
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To: Prodigal Son
We would not still be counting chads in Florida. Their election number had to be certified by a certain date. If the count had been delayed long enough, their electoral votes may not have been cast at all.

The Florida Supreme Court tried to redefine election standards after the votes had been cast.

The US Supreme Court would not let such action stand.

13 posted on 01/17/2003 4:52:09 PM PST by weegee
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To: Robert_Paulson2
I don't see any new details in this case. Lambda Legal has been wanting the law overturned from the beginning.

I still alledge that the 2 convicted men (and their convicted gay ex-lover neighbor, the one who made the false call) conspired to create the scenario by which they were "caught" in the privacy of their own home.

14 posted on 01/17/2003 4:54:40 PM PST by weegee
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To: Robert_Paulson2
SLOUCHING TOWARD GOMORRAH as Bork said..... Just go ahead and throw out all laws that have to do with morality!
15 posted on 01/17/2003 5:00:49 PM PST by buffyt (Can you say President Hillary?.......Me neither....)
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To: wildbill
Oral and Anal ARE sodomy.
16 posted on 01/17/2003 5:01:42 PM PST by buffyt (Can you say President Hillary?.......Me neither....)
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To: COKE623
a precedent has been set to ban homosexual activity

You a liberal or something? You still believe that laws just stop activity you don't like?

While you're at it, why not pass some laws to ban drugs and guns?

17 posted on 01/17/2003 5:04:01 PM PST by BfloGuy
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To: weegee
My point was, it is appropriate for the Supreme Court to decide on States' matters once the normal appeals process is gone through. That's one of the things they're there for.
18 posted on 01/17/2003 5:13:47 PM PST by Prodigal Son
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To: COKE623
a precedent has been set to ban homosexual activity, chances are good it won't be heard or the verdict will go against the gays.

It will be heard, and anti-sodomy laws will be overturned. The 1986 vote in Bowers vs. Georgia was 5-4 and, years later, Justice White said it was the worst decision he ever made and wished that he'd voted the other way (from supporting the laws to voiding them.) Since that time, the Supremes ruled against Colorado in that infamous pro-gay decision.

19 posted on 01/17/2003 5:19:21 PM PST by ItsJeff
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To: buffyt
Oral and Anal ARE sodomy.

I can't resist this one. Can you define oral and anal sex for me? Is kissing oral sex? What about kissing the belly button? Inner thighs? Pubic region? Or does there have to be specific genital contact? Does an orgasm have to be involved?

The point here is, the gov't has no business in your bedroom in the first place shining a flashlight under your bedsheets in order to clearly define when your lips actually touch your partner's thing-a-lingy. What me and my wife do in our bed- that's nobody's business.

Sure you can make a law, but what's the point of the law if the only way to enforce it is for the gov't to go where they have no business going? And what does a law proscribing what my wife and I do in bed actually protect? How are you harmed by the things we do in our bedroom? What is this law for?

20 posted on 01/17/2003 5:20:20 PM PST by Prodigal Son
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