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To: Polycarp
So much for the "compelling interest" argument, eh?
3 posted on 06/26/2003 8:30:46 AM PDT by cincinnati65
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To: cincinnati65
This is Justice Kennedy's rationale:

"These references show an emerging awareness that liberty gives substantial protection to adult persons in deciding how to conduct their private lives in matters pertaining to sex".

This is a very broad ruling, and it asserts the power of the Supreme Court to rule based upon "emerging awareness" rather than law.

It also places the Court's discernment of "emerging awareness" in a superior position to the acts of elected officials, who live their lives to be up on what awarenesses are actually emerging.

29 posted on 06/26/2003 9:07:33 AM PDT by Jim Noble
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