[supercat]

But like I said, why have a law if you're not going to enforce it. If a person knows that an act of sodomy will be occurring on Saturday night at 9 PM at his neighbor's house and wants to tell the police so they can stop it, don't the police have the obligation to surveil and arrest the suspects? You're wanting laws just for appearances. What's the point?

Here I agree with you. Although the laws are intended to only be enforced against public or wantonly indiscreet behavior, that's not how they're written. The Texas sodomy case muddies the waters on such things since, independent of a 'right of privacy' defence, there should also be a laches defence. BTW, does anyone know what the legal status of the case is--whether the Court's decision was upholding a conviction or an indictment? If the latter, I would think a laches defense might be a viable strategy if it's not been tried yet.

[#3Fan]

Here I agree with you. Although the laws are intended to only be enforced against public or wantonly indiscreet behavior, that's not how they're written. The Texas sodomy case muddies the waters on such things since, independent of a 'right of privacy' defence, there should also be a laches defence. BTW, does anyone know what the legal status of the case is--whether the Court's decision was upholding a conviction or an indictment? If the latter, I would think a laches defense might be a viable strategy if it's not been tried yet.

I don't know.