Libertarians Join Liberals in Challenging Sodomy Law

NYTimes ^ | March 19, 2003 | LINDA GREENHOUSE

[RJCogburn]

Hanging my hat with the liberals and libertarians on this one.

[AntiGuv]

Here's the Table of Contents from the Cato Institute amicus brief, which gives an overview of its approach:

ARGUMENT

I. FIRST PRINCIPLES: THE FOURTEENTH AMENDMENT REQUIRES THAT STATE CRIMINAL LAWS CLEARLY NOTIFY CITIZENS OF THEIR COVERAGE, NOT DISCRIMINATE ARBITRARILY AGAINST CLASSES OF PERSONS, AND RESPECT FUNDAMENTAL LIBERTIES

A. The Legality Principle

B. The Equality Principle

C. The Liberty Principle

II. HISTORY: SODOMY STATUTES HAVE HISTORICALLY FOCUSED ON PREDATORY AND PUBLIC ACTIVITIES; CONSENSUAL "HOMOSEXUAL" ACTIVITIES BECAME THEIR FOCUS ONLY IN THE MID-TWENTIETH CENTURY

A. Nineteenth-Century Sodomy Laws

B. Expansion of Sodomy Laws, 1879-1969

C. Sodomy Reform and Reformulation, 1969-2002

III. DOCTRINE: TEXAS'S HOMOSEXUAL CONDUCT LAW VIOLATES THE DUE PROCESS, EQUAL PROTECTION, AND PRIVILEGES OR IMMUNITIES CLAUSES OF THE FOURTEENTH AMENDMENT

A. The Texas Homosexual Conduct Law Violates the Equal Protection Clause, as Construed in Romer v. Evans, For It Targets Gay People as an Outlaw Class Because of Antigay Animus

B. The Texas Homosexual Conduct Law Violates the Due Process Clause, as it Criminalizes Gay People's Most Private Activities; Bowers v. Hardwick Should Be Overruled

C. The Texas Homosexual Conduct Law Violates the Privileges and Immunities Clause

[dc-zoo]

Sounds like a crappy deal.

[JudgemAll]

As if this law had been enacted recklessly... I will be amazed about how only Libertarian laws and Libertarian PC dependencies are deemed acceptable.

[Celtjew Libertarian]

Hanging my hat with the liberals and libertarians on this one.

Interesting from just a semantic point, though, that Greenhouse writes:

The split among conservatives demonstrates "a diversity of opinion among our side," Jay Alan Sekulow, the center's chief counsel, said today.

I guess in the NY Times style-guide libertarians are a type of conservative. Certainly something that, more and more, I can live with.

[Vic3O3]

TX ping

[Wolfie]

Certainly the proponents of smaller government can see why its absolutely necessary to arrest two men having sex in a private home.

[HumanaeVitae]

Gee, this is a complete surprise...

Nothing like trying to ratify a behavior that cuts male life expectancy in half, spreads AIDS and is the lifestyle of child molesters everywhere.

Typical looneytunsian fare...

[HumanaeVitae]

"He said the decision to come in on the state's side presented a "tough case, one that we approached with reluctance."

One of the consequences of the fusion between libertarian thought and conservative thought in the modern "conservative" movement is the hamstringing of people like Mr. Seuklow of the ACLJ.

Memo to Mr. Seuklow: no morals, no liberty. Amicus curaie away...

[steve-b]

Still trotting out that junk statistic?

[HumanaeVitae]

Now I know the answer to the question I asked before. You're done steve. No more replies to you.

[Aquinasfan]

Libertarians Join Liberals in Challenging Sodomy Law

I can hear it now. They're not "Pro-Sodomy," they're "Pro-Choice."

[steve-b]

If the government can regulate private sexual behavior, it's hard to imagine what the government couldn't regulate

But that's no problem to someone like you who does not believe that there should be any right to freedom of speech, any right to keep and bear arms, etc.

[Protagoras]

Nothing like trying to ratify a behavior that cuts male life expectancy in half

KInda like eating cheeseburgers.

[HumanaeVitae]

It's also nice to know that the NYT are such avid readers of Freerepublic. It's an old trick for you guys...finding divisions in the conservative movement and then highlighting them...Powell and Rumsfeld etc. Very clever. It doesn't matter. The left is toast anyway.

[steve-b]

You're done steve. No more replies to you.

Let's take a Trip Down Memory Lane to... yesterday.

[cue funky SFX music]

To: steve-b
You are now on the permanent ignore list.
posted on 03/18/2003 8:52 AM PST by HumanaeVitae

Hans Blix, is that you? I'd recognize your Final Last Chance I Really Mean It This Time style anywhere....

[Protagoras]

They're not "Pro-Sodomy," they're "Pro-Choice."

Anti government intrusion.

[HumanaeVitae]

Cheeseburgers molest children? Cheeseburgers spead AIDS?

[steve-b]

Naturally, the NYT seeks so-called "conservatives" who advocate Big Brotherism as allies in its own quest for Big Brotherism.

[F16Fighter]

"Dana Berliner, a lawyer for the Institute for Justice, another prominent libertarian group here that also filed a brief, said, 'Most people may see this as a case purely about homosexuality, but we don't look at it that way at all.'"

MEMO TO DANA BERLINER: DUH.