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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
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To: Buckeye Bomber
The equal protection argument you present turns upon itself. The Texas law applies to everyone, male or female. Your argument proves too much. Do laws against armed robbery violate the equal protection clause because they only affect those who commit armed robbery, and not those who don't? I will have to go and pull the case of Bowers v. Hardwick from 1986, I believe, but I think the issue was addressed there.
161 posted on 04/24/2003 8:17:49 AM PDT by NCLaw441
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