Replies

"It was judges, not legislators, who ruled that sodomy is a constitutional right. Lawrence v. Texas, 123 S. Ct. 2472 (2003)."

What's that got to do with what I'm talking about? In Dale vs. BSA, it was the New Jersey legislature that passed a law giving sexual orientation equal status in N.J. State anti-discrimination law with race, etc.; this was not something imposed by judges.

The BSA won in the lower and appellate courts, but lost in the New Jersey Supreme Court when it found that New Jersey's anti-discrimination laws overrode all other considerations. The U.S. Supreme Court reversed this decision on appeal. It seems to me that if this bill had been law prior to that case, it would have forbidden the case from being heard by the Supreme Court and thus the decision of the New Jersey Supreme Court would have stood.

68 posted on 12/23/2004 8:30:04 AM PST by RonF

It was judges, not legislators, who ruled that sodomy is a constitutional right. Lawrence v. Texas, 123 S. Ct. 2472 (2003).

If this bill had been law prior to that case, it would have forbidden Lawrence v. Texas from being heard by the Supreme Court and thus the decision of "The full court, 7-2." would have stood.

A three-judge panel of the Texas 14th District Court ruled in the defendants' favor
The full court, however, voted to reconsider its decision, upholding the law's constitutionality 7-2.
The Texas Court of Criminal Appeals was petitioned to hear the case; the Court, the highest appellate court in Texas for criminal matters, denied review.
The case then arrived at the U.S. Supreme Court, with a petition being filed July 16, 2002.
All sodomy laws in the US are now unconstitutional and unenforceable when applied to non-commercial consenting adults in private.
Suppose that the Texas Court of Criminal Appeals opined against the Texas Law. The damage would have been confined to Texas, if SCOTUS were prohibited from reviewing the case (H. R. 3893). The remainder of the country is not affected and Texas can repair their highest court.
As it was, the Texas lower court was defeated by SCOTUS and so was the rest of the country.

Ed Current
"It was judges, not legislators, who ruled that sodomy is a constitutional right. Lawrence v. Texas, 123 S. Ct. 2472 (2003)."

What's that got to do with what I'm talking about? In Dale vs. BSA, it was the New Jersey legislature that passed a law giving sexual orientation equal status in N.J. State anti-discrimination law with race, etc.; this was not something imposed by judges.
79 RonF

Good point Ron.

Just as fed/state/local anti-gun laws are made by our 'legislators', not judges.
HR 3893 would give these same out of control politicians the ability to restrict the jurisdiction of fed courts to hear cases on our RKBA'S.