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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: weegee
Laws can indeed be changed, and our system provides that courts may do it. A Supreme Court decision is the ultimate changer of laws, and until the Constitution can be amended, that's that. Or, in the case of certain decisions, after a long time, the Court can take notice of changing social mores, and reverse itself, as it did when it voided its earlier concept of "separate but equal", and I hope will someday do with abortion law.

People working within the system to change the laws are not doing anything outside the social contract. Even the PETA people, whose views I detest, have the right to try to convince people that eating animals is wrong, and if they can persuade a majority that they are right, they, too can change the laws. It's the job of myself as a meat eater to make sure that I get my side of the truth out there, too, and prevent them from making such a change, or I'll be enjoying my steak behind closed doors, in fear of the police busting down my door.

A large part of our people have decided that consenting adults shouldn't have to live that way when it regards their sexual behavior, and that's what's going on here. Societal mores have changed enough that the Court can take notice of it, and simply put to rest the State's involvement with what happens between those consenting adults behind closed doors.

61 posted on 01/18/2003 2:10:24 PM PST by hunter112
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To: weegee
Why have a legal marriage at all then?

Good question. Religious people consider their marriage to be a covenant between themselves and their deity, with government not being a necessary party to the ongoing arrangement, just something that they should do at its inception. Getting the government involved does confer rights and privileges on people who do so, and these rights are what gay people have sought by being allowed to marry. They really don't want to crash somebody else's religion.

In some countries, a baptismal certificate is the same as a birth certificate is in this country. To me, that smacks of too much intertwining of government and religion in those places, perhaps the government regulation of marriage belongs in the same category.

62 posted on 01/18/2003 2:35:24 PM PST by hunter112
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To: Prodigal Son
Why would you need to push a right into law?

An excellent question! I guess I meant: Can the forum of the USSC do this via the 14th, or is it up to states' citizens to make sure that their rights are not trampled by state laws?

63 posted on 01/18/2003 3:51:47 PM PST by eno_
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To: inquest
I'm not sure why you keep bringing up the 4th amendment, because there's no suggestion that it's been violated. If it is, then you'll have a constitutional case, but not before then.

Ahh. But this is the thing. Who gets to decide if it's been violated? Not me. That falls under the jurisdiction of the Supreme Court. That's what's happening here.

64 posted on 01/18/2003 4:06:44 PM PST by Prodigal Son
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To: weegee
All thoughts are not permissible.

BS. I'll think what I want. You or nobody else has any right or even a claim to be inside my head. That is the ugliest thing I have ever heard.

You say that such laws should be dropped because they can't be enforced 100% of the time.

I'm not sure how you got this out of what I was saying. I'm saying the law is ineffective because it is difficult to enforce even 1% of the time. And the more thoroughly we define the law, the more difficult it is to detect and enforce. In effect, the harder you try to say exactly what it is you're wanting to outlaw, the more likely it is you'll violate someone's rights in the process.

Outlaw homosexual lifestyle- that one's easy to police because even two men staring at one another dreamily would be prosecutable. But outlaw specific homosexual (or heterosexual) practices like sodomy the way it is defined here and you're going to have to almost climb in bed with them to catch them. Catching them afterwards isn't going to be good enough, catching them all steamed up and doing everthing except "the nasty" isn't good enough. You've got to catch them doing it- or no law has been violated. The law is practically impossible to enforce and is virtually impossible to do so without violating someone's constitutionally protected rights.

You keep stepping around "icky" sexual kinks. Homosexuality is a sexual kink. Discuss one, discuss them all.

I'm not sure what you're talking about. I don't have a weak stomach. I'll describe in graphic detail the practices I'm referring to. I'm not sidestepping anything "icky" (as you call it). I don't get into more detail because this is an open forum and I know young people use it.

This is not bestiality. Bestiality is a different topic with different logical parameters. It involves a victim to start with. Where is the victim when two adults in the privacy of their home bugger each other? Society is in no way harmed. If nobody is being injured, harmed or otherwise assaulted against his/her will, who is getting hurt here and what exactly is this law supposed to accomplish? I don't see how anyone can claim it is a public protection when the public is in no way involved.

65 posted on 01/18/2003 4:30:37 PM PST by Prodigal Son
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To: Prodigal Son
Why is it a stupid law?
66 posted on 01/18/2003 5:58:03 PM PST by rwfromkansas (www.fairtax.org: It is time for a FAIRTAX!)
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To: wildbill
Some laws. Here in KS, the law applies only to gays. Work to change the laws that punish heteros, but don't try to toss out the whole baby with the bath water.
67 posted on 01/18/2003 5:59:18 PM PST by rwfromkansas (www.fairtax.org: It is time for a FAIRTAX!)
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To: Ol' Sparky
Right. I am so sick of the libertarians that post on here with no reverence and respect...or knowledge....for our history and the founding fathers in respect to moral matters. The founders would be shocked that people are trying to get rid of sodomy laws.
68 posted on 01/18/2003 6:00:56 PM PST by rwfromkansas (www.fairtax.org: It is time for a FAIRTAX!)
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To: Prodigal Son
This post concerns the TEXAS LAW AND THE TEXAS LAW DOES NOT APPLY TO HETEROS.

Stop trying to get your little diversionary tactics in when your argument has no relevancy to this law in question.
69 posted on 01/18/2003 6:05:19 PM PST by rwfromkansas (www.fairtax.org: It is time for a FAIRTAX!)
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To: weegee
No kidding.

The libertarian pests don't care though....they only like the founding fathers when they discuss issues of limited govt. and ignore their quotes on morality.

I bet you one will reply to you the line that "Jefferson also owned slaves." That argument is what you will get from a liberal on pretty much everything.....and curiously enough, it is the same line I have seen libertarians use on this forum time and time again. It certainly is a curious similarity...
70 posted on 01/18/2003 6:08:30 PM PST by rwfromkansas (www.fairtax.org: It is time for a FAIRTAX!)
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To: hunter112
Congratulations. You are the first poster that decided to join the LIBERAL LINE OF ARGUMENTATION: Since Jefferson supported slavery, we kick to the curb everything else he said on morality.

It never fails that a liberALtarian will choose to revert to LIBERAL ways of debating on these moral issues. It never fails.

As for your statement that we should give up the fight on gays, I did not realize it was a conservative trait to just give up and say we lost when it comes to convictions and values.

But why should I be surprised that you would urge us to just give in to secular humanism???
71 posted on 01/18/2003 6:14:06 PM PST by rwfromkansas (www.fairtax.org: It is time for a FAIRTAX!)
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To: Prodigal Son
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?

a GUN is an inanimate object...ie (guns don't kill people homosexuals who stick their organs in diseased ridden "areas" do.)

Am I responding to a lib lurker or what? What are you trying to tell me...that we can't legislate morality? Well you are wrong and we do it all the time. All laws should be concerned and based on morality. I think we can both agree that no one can be saved by the law or made moral by the law...but our laws represent a system of morality.

There are laws against murder, there are laws against stealing, libel, slander, perjury, and even laws that regulate the flow of traffic on the street. These laws are biblical and are there to protect life and property. Laws are there to restrain man, but humanists such as yourself would have us think that we can do in society as we please with utter disregard to how it may effect our society or our civilization.

72 posted on 01/18/2003 8:30:45 PM PST by I got the rope
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To: rwfromkansas
"But why should I be surprised that you would urge us to just give in to secular humanism???"

Libs hate to admit that are societal foundations and our country's success comes directly from the Bible and from moral men who believed in God.

They won't turn towards any other religion, because they won't find one with greater success. They take it on faith that we can just legislate ourselves out of chaos.

73 posted on 01/18/2003 9:01:38 PM PST by I got the rope
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To: rwfromkansas
The founders would be shocked that people are trying to get rid of sodomy laws.

Well, get ready to grab the nightsheets, Granny. Sodomy wasn't exactly a central concern when the constitution was written. I think it's mentioned a total of say...zero times! Besides, I'd wager more than a few of the sacred founders indulged in activities resembling sodomy from time to time. I've heard B. Franklin in particular got around.
74 posted on 01/18/2003 9:13:07 PM PST by Belial
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To: I got the rope
Thanks for telling me what I think. And thanks for accusing me of being a lib lurker because I don't agree with you. For what it's worth, I have no dog in this fight. I don't care. Not even a little bit. I stated before this discussion has about the same relevence to me as discussing odd geometric shapes.

If you think I'm a lib disruptor, hit the abuse button and try to get me banned.

What I was trying to tell you is- there is no crime being committed here. In all the examples you name, there is a definite victim. If we were talking about public indecency it would be an entirely different thing. But we're talking about two adults in the privacy of their own homes. What are they doing in there that actually hurts you? And how do you know they are in there committing the act? What is your probable cause for breaking down their door? These are simple questions and I already know I won't get an answer to them because there is no logical answer to them.

A state can only legislate morality to a certain degree. They cannot outlaw Islam as being unwholesome or immoral. They cannot violate a citizen's Fourth Ammendment protections in the process of legislating or enforcing a moral code either. It's really as simple as that. Fourth Ammendment supercedes a local community standard. Now I don't know what these two homos are going to argue and I don't care- equal protection or what. The gov't had no business in their house in the first place.

I think it's a stupid law. It can't be enforced properly. It isn't going to change anybody's behaviour. It lends itself readily to abuse. It's dumb. But do I care what the outcome here is? No. Not even a little bit. I just really don't care whether these two win or the Supreme Court throws it out or what. Honestly.

Thanks for your comments. Have a lovely weekend.

75 posted on 01/18/2003 9:43:11 PM PST by Prodigal Son
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To: I got the rope
These laws predate AIDS by a wide margin. They were created because some people find some kinds of sex icky. We heterosexuals spread disease too, should we ban that as well?
76 posted on 01/18/2003 10:02:01 PM PST by MattAMiller
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To: rwfromkansas
You are the first poster that decided to join the LIBERAL LINE OF ARGUMENTATION: Since Jefferson supported slavery, we kick to the curb everything else he said on morality.

I also made the following point: "...we can honor the bulk and majority of TJ's work, while rightfully rejecting his ideas that we find outmoded." We can do that with Washington, Jefferson, Hamilton, and anyone else who did not live in our times, with our knowledge. At the time of those Founding Fathers, in order to be within their definition of "equal", you had to be white, 21, male, and a property owner. Just as I'm in favor of full political rights for people who are black, 18, female, and renters, so I favor full political rights for adult gay people. As for being a liberal, I like what Barry Goldwater had to say about the question of gays in the military: "You don’t need to be straight to fight and die for your country. You just need to shoot straight."

If your convictions and values require you to deny the humanity of these people, then so be it. Just don't expect the rest of us who are not encumbered by literal versions of a 2000-5000 year old book to go along. We're still conservatives, we just have a broader view of liberty than you do.

The point I was trying to make in "giving up" was to focus on the fact that we have evil people in this world who would love nothing better than to kill every man, woman and child in this country, Christian or atheist, straight or gay, liberal or conservative. We need to unite to defeat that menace, and at this point in our country's history, we need a LOT of people who can shoot straight!

77 posted on 01/18/2003 10:13:38 PM PST by hunter112
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To: Belial
I am not a granny...lol.

I am 19 and male, a WASP and proud of it. Got it? lol
78 posted on 01/18/2003 10:19:53 PM PST by rwfromkansas (www.fairtax.org: It is time for a FAIRTAX!)
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To: I got the rope
My suspicions were confirmed when he mocked Scripture in his reply to me...
79 posted on 01/18/2003 10:20:37 PM PST by rwfromkansas (www.fairtax.org: It is time for a FAIRTAX!)
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To: rwfromkansas
It seems that your religious beliefs are the main objection to homosexuals. Can you cite any quotes attributed to Jesus about the subject? Don't give me any Old Testament Sodom and Gomorrah, whenever Christians attempt to explain away anything uncomfortable about the OT, then simply say that Jesus came to change the old law. And don't feed me any bull from Paul or Augustine, neither one ever met Jesus. Their words have set humankind back centuries, with their anti-woman comments alone.

If you could be convinced that Jesus never cared about homosexuality, would you be able to just leave them alone?

80 posted on 01/18/2003 10:33:12 PM PST by hunter112
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