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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

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To: Prodigal Son
I hope you are right, but this will be an interesting one: Can we push our individual unenumerated rights into state law using the "immunities and priviledges" clause of the 14th?
21 posted on 01/17/2003 5:38:15 PM PST by eno_
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To: eno_
Can we push our individual unenumerated rights into state law using the "immunities and priviledges" clause of the 14th?

Why would you need to push a right into law? Maybe I'm not understanding the question. Let's take freedom of religion. It's a God given right. You don't need (or shouldn't need) a law in each state that says "People can worship". It's stating the obvious- like "It is legal to breathe". Now, Freedom of religion is enumerated so maybe that's not the best example I can throw out there but I would hesitate to provide an example of an unenumerated right because I don't know how germane it would be to the question you're asking.

Could you expand on this? Give some examples?

22 posted on 01/17/2003 6:04:55 PM PST by Prodigal Son
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To: Robert_Paulson2
If the law needs killin', the Texas legislature should do the killin.'

The US Supreme Court has no dog in the fight and should keep its leftist buttinski nose out of it.

23 posted on 01/17/2003 6:06:39 PM PST by Kevin Curry
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To: Prodigal Son
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?

That's why the states have legislatures: to address and answer questions such as this. If it's too much trouble, they may refuse. But it's still the call of the state legislatures and the electorates that vote them in.

24 posted on 01/17/2003 6:09:11 PM PST by Kevin Curry
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To: Kevin Curry
No, not exactly. If a State passes a law that violates a person's rights and the State Supreme Court upholds it, that citizen has every right in the world to try and appeal to higher courts. The Supreme Court simply "hearing" a case doesn't mean squat. It's what they decide that's important. They could always tell the citizen "This is a States' Rights issue and we will not overturn it".

For example- gun laws. This is the perfect example because the lefties use the wording of the Second to try and strip people of their Second Ammendment Rights. Now, an American either has a right to own a gun or he doesn't. If your State is passing a law that says you have to turn your guns in, you should be able to challenge that law right up to the Supremes. This is an area the court doesn't want to get into and, although I understand why that is, I think they should.

A previous poster asked me about unenumerated rights. That's a big can of worms. What are unenumerated rights? They weren't defined in the Constitution but if an unenumerated right is indeed a right, the gov't- be it State or Federal- has no power to deny you that right.

The question is- is sex an unenumerated right? Well, the answer there is no, it's not. You can't have sex on your front lawn or on the sidewalk. Clearly, it's not a right. But is sex between two adults in the privacy of their own home a right? That's the tricky bit. Before I would try to answer that, I would fall back on the Fourth Ammendment and claim that the State has no right invading your privacy without probable cause and then go on to build my case around how you would determine probable cause in the case of a man and wife having oral or anal sex. It would be impossible for the State to do in a practical sense.

Like my questions to buffyt- what is it (oral and anal sex)? These questions would have to be clearly defined in a State law and there could be endless legal hairsplitting about whether an act constituted an act of oral sodomy. The more exactly you endeavored to define the terms is the level of detail the State will have to prove and by default the level of your privacy they would have to intrude upon to make their case. They'd literally have to be under your sheets with a flashlight going "Bingo! We've got lips on genitals! Book 'em Danno!"

I think a citizen of any State in this Union who was arrested and incarcerated in such a way has every cause in the world to take such a case up with the High Court and it would be entirely appropriate for the Court to hear it on Fourth Ammendment grounds if for nothing else.

25 posted on 01/17/2003 6:37:06 PM PST by Prodigal Son
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To: ItsJeff
Since that time, the Supremes ruled against Colorado in that infamous pro-gay decision.

Yes, it certainly was an infamous pro-gay decision. Not only was it a masterpiece of shoddy legal reasoning, it was totally bereft of common sense. Infamous is right. There was nothing praiseworthy about it at all.

26 posted on 01/17/2003 6:57:15 PM PST by Kevin Curry
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To: Prodigal Son
No, not exactly. If a State passes a law that violates a person's rights . . .

Yes, exactly. The only way to protect sodomy constitutionally is for SCOTUS to usurp the prerogatives of the state legislatures by creating a "penumbra" out of thin air in the same manner it did in Roe v. Wade and hiding the filthy, death-delaing, disease-inducing, socially destructive, taxpayer-bleeding behavior within it.

Judicial activism of the despicable Roe v. Wade kind is a leftist specialty--not a conservative one.

27 posted on 01/17/2003 7:03:20 PM PST by Kevin Curry
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To: Prodigal Son
These questions would have to be clearly defined in a State law and there could be endless legal hairsplitting about whether an act constituted an act of oral sodomy.

Wake up, Chuck! Every criminal law is subjected to endless legal hairsplitting. "Hairsplitting" is what defense lawyers get paid to do.

If a risk of "hairsplitting" were a disqualifying factor in the criminl law, we would have no criminal law.

28 posted on 01/17/2003 7:07:18 PM PST by Kevin Curry
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To: Kevin Curry
Not only was it a masterpiece of shoddy legal reasoning, it was totally bereft of common sense.

Consider what they had to work with. The Colorado statute itself was badly written. It said, in effect, the State won't do anything for people who self-identify as gays. Justice O'Connor interpreted it to mean that state-funded hospitals would have to deny providing healthcare to gays, or that a city could deny a gay civil rights group permission to hold meetings at a library, but tax protesters could use the same facilities as of right. "This Colorado cannot do," she wrote awkwardly (albeit correctly.) Had the original statute been written less vaguely, like, for example, specifically denying funding for gay organizations, the Supremes would probably have upheld it.

29 posted on 01/17/2003 7:10:28 PM PST by ItsJeff
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To: Kevin Curry
Wake up, Chuck!

Thanks. I'm awake now. I agree with you because you have seen the light and I've just been asleep this whole time. So, are you interested in discussing or what? I'm open to discussion, but when you start in with condescending stuff like that- I see no reason to bother myself. I have done nothing to you other than disagree with you. You're just an average Joe like me. You're certainly entitled to your opinion but that doesn't necessarily make you an authority or an oracle of the truth.

Let me ask you then- when, in your opinion is it appropriate for a citizen to appeal his case to the Supreme Court?

Question Two, what would the point to a sodomy law be? What is it supposed to protect society against and how would you enforce it? If a law can't be enforced it is effectively not a law. How would you enforce it without intruding upon someone's Fourth Ammendment Rights?

Don't start in with name calling now. I'm asking serious questions, I haven't been condescending to you and I'd like a polite answer. This isn't a matter I care to fight about.

30 posted on 01/17/2003 7:21:00 PM PST by Prodigal Son
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To: Kevin Curry
As to this hairsplitting. I didn't say hairsplitting would disqualify the law. What I was getting at, is on the one hand if you define oral sex too loosely, kissing could be a prosecutable offense. But on the other hand, if you go the route of defining it to a high degree- for example, a woman's lips placed agaisnt the scrotum isn't oral sex but against the glans is- you are creating an environment where, in order for the law to be effectively enforced, it is almost inevitable that someone's Fourth Ammendment Rights will be violated in the process. A man could simply claim his wife's lips were on his scrotum and not on his penis. How in the world would you detect the crime? It's practically impossible without being an eyewitness.
31 posted on 01/17/2003 7:27:34 PM PST by Prodigal Son
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To: Prodigal Son
Note to self from Article III, Section 2 of the Constitution concerning jurisdiction of the Supreme Court:
Section 2. The judicial power shall extend to all cases, in law and equity, arising under this Constitution, the laws of the United States, and treaties made, or which shall be made, under their authority;--to all cases affecting ambassadors, other public ministers and consuls;--to all cases of admiralty and maritime jurisdiction;--to controversies to which the United States shall be a party;--to controversies between two or more states;--between a state and citizens of another state;--between citizens of different states;--between citizens of the same state claiming lands under grants of different states, and between a state, or the citizens thereof, and foreign states, citizens or subjects.

32 posted on 01/17/2003 7:42:21 PM PST by Prodigal Son
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To: Prodigal Son
You're being silly. The law was created because homosexuals (males) were and are spreading disease. The law was created to protect society. Many laws are like this. This one is no different.
33 posted on 01/17/2003 9:45:02 PM PST by I got the rope
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To: Robert_Paulson2
Here in MN. one judge killed the law. The AG did not even put up a fight (a real lefty hate corp. guy) We argued too let the congress end it not one judge. Not even the SC.
34 posted on 01/17/2003 10:08:22 PM PST by Brimack34
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To: I got the rope
You do realize that this law applies to heterosexuals in places as well?

As far as the homosexuals spreading disease argument? How effective is this law at preventing the spread? Is this to say that homosexuals have in any way been deterred from their sexual practices because of this law? I sincerely doubt it has prevented even one single instance of buggery.

Someone else mentioned it earlier but it bears revisiting. This is the same logic the gungrabbers use to restrict gun ownership. It is to protect society. And every member of this forum knows the laws don't stop criminals from using guns. How is this different when applied here?

35 posted on 01/17/2003 10:35:53 PM PST by Prodigal Son
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To: Prodigal Son
In Texas this does not apply to heterosexuals. Quit making this false argument. Heterosexual sodomy was legalized in 1973 in Texas.
36 posted on 01/18/2003 3:23:54 AM PST by weegee
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To: Prodigal Son
How do you determine beastiality laws have been violated? Should they be stricken from the books? It's not like the offended party (if they are even offended by the act) can testify to the offense.
37 posted on 01/18/2003 3:27:01 AM PST by weegee
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To: ItsJeff
The homosexual crowd has not tried to argue that it was unconstitutional to outlaw sodomy, they have tried to claim that "homosexual" sodomy discriminates (although men and women are free to commit acts of sodomy in many places, homosexual acts of sodomy - the only type of sex homosexuals can participate in since they don't have complementary genitalia - are outlawed).

Many communities still outlaw dildos (rubber penises) and inflatable sex dolls. So far they aren't raising up these "rights" to the Supreme Court. Could it be shame and embarassment that keep them from stepping forward?

Many communities also outlaw extreme porn with "golden showers" and other sexual uses of bodily wastes. I do not know if there are ordinences agsinst these "sex" acts, just that there are laws against the trafficking in the depictions of these acts (community standards and all that).

Again, no one steps forward to defend these freakish acts.

There is little likelihood of individual case prosecution but they can be used to compound charges in some circumstances.

If discussion of these "sex" acts offends you, then perhaps you begin to understand where other people's disgust at same sex behavior hits.

38 posted on 01/18/2003 3:40:11 AM PST by weegee
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To: Prodigal Son
Thomas Jefferson authored laws against sodomy. I would say that such acts are not protected by the constitution when the author of the constitution authors such laws.
39 posted on 01/18/2003 3:42:19 AM PST by weegee
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To: weegee
If the homosexual advocates get their way and defeat all "homosexual sodomy" laws on the basis that they discriminate against "homosexuals" (as a classification) then they have also knocked down laws that differintiate between age of consent for homosexual and heterosexual acts (and in a number of communities, age of consent is under 18 years old permitting relations betweens adults and minors meaning that "kids" could have homosexual relations with adults without prosecution of the adult).

So far no one wants to touch this angle of the story (although I have offered it up several times for discussion).

There were homosexual advocates pushing for just such normalization of age of consent laws in England and elsewhere so it is not a "side effect" of such legistation change. There are those who do seek to make this change in law. I haven't been able to get anyone to defend the lowing of the age of consent for homosexual sex acts with adults (over 18) but then again, they won't speak out against it either or setting up measures to prohibit such activity.

Additionally, if it can be established that "homosexuals" are a classification of people that can be discriminated against (on the basis of behavior like vegatarians) then they should be able to "marry", receive partner benefits (after marriage), have acts of safe sodomy taught in sex education (since it will no longer be reproduction education)...

Of course smokers (who are using a legal product) can still be denied jobs, health care, restaurant service, etc...

40 posted on 01/18/2003 3:52:51 AM PST by weegee
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