Free Republic
Browse · Search
News/Activism
Topics · Post Article

To: Buckeye Bomber
I wasn't the one to whom you addressed thesr questions:
1) Should the state be allowed to ban masturbation?

2) If anal sex is legal for heterosexuals, why is it illegal for homosexuals? This is an especially troubling matter I just came across.

But I think there is a crucial distinction between what laws a state should be ALLOWED to pass and what laws a state SHOULD pass. I don't think states, for example, should pass any more laws increasing taxes, but I think that a state should be ALLOWED to pass such laws. That distinction is the crux of the entire debate, and of Santorum's comments.
155 posted on 04/24/2003 7:57:30 AM PDT by NCLaw441
[ Post Reply | Private Reply | To 57 | View Replies ]


To: NCLaw441
Please see post 134 for my syllogism and post 145 for the specific law before the Supreme Court. How can you argue that this law does not violate the Equal Protection clause of the Constitution?
157 posted on 04/24/2003 8:02:08 AM PDT by Buckeye Bomber
[ Post Reply | Private Reply | To 155 | View Replies ]

To: NCLaw441
I'm going to post everything all at once here.

1) This is the the specific law before the US Supreme Court:

Sec. 21.06. Homosexual Conduct.
(a) A person commits an offense if he engages in deviate sexual intercourse with another individual of the same sex.
(b) An offense under this section is a Class C misdemeanor.

2) This is the first section of the 14th Amendment to the US Constitution (the money quote is in the curlies):

Amendment XIV

Section 1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; ~~~~nor deny to any person within its jurisdiction the equal protection of the laws.~~~~

3) Therefore, the Texas law is a violation of this clause of the United States Constitution, and therefore must be struck down. You may disagree with the 14th amendment, but I don't think the amendment can be seen any other way. And it is clearly the law of the land.
159 posted on 04/24/2003 8:13:08 AM PDT by Buckeye Bomber
[ Post Reply | Private Reply | To 155 | View Replies ]

Free Republic
Browse · Search
News/Activism
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson