[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...

[Aquinasfan]

Libertarians Join Liberals in Challenging Sodomy Law

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

[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.

[realpatriot71]

"The Texas statute is a reasonable means of promoting and protecting marriage — the union of a man and a woman,"

No it's not. Marriage is clearly defined in law as being between man and woman. All this statute does is try to penalize a certain group of people for not harming anyone else.

[sonofatpatcher2]

Well, the two remaining Dixie Chicks
have staked out their positions!

[mhking]

Libertarians Join Liberals

Just damn.

[Daveinyork]

even a stopped clock is right twice a day

[Henchman]

Up THEIRS TOO!

[biblewonk]

"Sodomy cops open up!!!"

[E Rocc]

Four words: None of government's business.

-Eric

[AxelPaulsenJr]

Well, this news just sucks.

[The FRugitive]

As a Christian I beleive homosexuality to be a sin, but it's no concern of the gov't.

[rmvh]

Hanging my hat with the liberals and libertarians on this one

Hang all you want to but SODOMY is not a "privacy" issue....It is a horrendous health and financial problem which impacts all Americans.

From a medical standpoint, the promisucous insertion of a penis into another person's rectum often causes capillary failure and blood transfer as the capillaries in the rectum are close to the surface.... in the vagina they are not.

Those lawyers and their sexually deviant clients are a burden on all Americans.....with even morality placed aside!.

Have a nice day.