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To: Paul C. Jesup
Government should stay out of the bedrooms of consenting adults.

As a general rule, governments in the form of police do stay out of the bedrooms because they have no reason to go there. Even if there are state laws against sodomy, for example, there is little enforcement because how would you know someone is having anal sex in that house, and who really cares?? In my state, moreover, I am against even having such laws. However, I am very sure the U.S. Constitution does not prohibit states from having laws against any particular bedroom behavior.

On that basis, Lawrence was decided incorrectly.

66 posted on 10/24/2005 1:13:28 PM PDT by NutCrackerBoy
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To: NutCrackerBoy
On that basis, Lawrence was decided incorrectly.

Lawrence should have been remanded to the trial courts. Depending upon the facts of the case, the people might or might not have been convicted. IMHO, if the facts of the case would support a conviction under the standard the Supreme Court should have suggested, there would have been little outrage.

Basically, I believe there is a right to privacy with such things; the question at hand should be whether the defendants had a reasonable expectation of privacy. If, as has been suggested, the defendants were responsible for the burglary call, then that would mean they had no reasonable expectation of privacy and thus should be convicted.

Things might get more interesting if one of the defendants placed the burglary call without the knowledge of the other. In that case, the one who placed the call should be convicted and the other one not.

187 posted on 10/24/2005 6:53:59 PM PDT by supercat (Don't fix blame--FIX THE PROBLEM.)
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