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To: Remedy
Beware "compelling State interest".

Santorem said ~'we have rights' = meaning government's rights: WRONG. Government has limited powers enumerated under our Constitutions, federal and the several states - We the People have rights, highlighted by our Bill of Rights, especially the ignored 9th and 10th Amendments which gave rise to Privacy. The rights reserved to the people and the several states must be beyond the governments' limited powers.

The Right to Privacy was not created as bad law, but another God-given right finally recognized by the SCOTUS while they made the grave mistake of granting gravid women the sole power to kill their unborn children.

Equal protection of the 14th Amendment is tested again. Oh bugger. Is what's good for the gander's goose to be good for two geese?

Setting the prostate pals's copulation desires aside for the moment, just when is the State, under penalty of law, allowed to investigate and prosecute consenting adults for actions affecting no one else while in the privacy of one's own home?

This is a fundamental issue to be debated. What ever happended to "Life, Liberty, and the Pursuit of Happiness"? That never made its way into our Constitution.

For the record, I personally believe that homosexuality is a combination of defective genes and chosen deviant behavior. The lonely often veer into dead ends.
27 posted on 04/26/2003 7:06:42 AM PDT by SevenDaysInMay
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To: SevenDaysInMay
"Life, Liberty and the Pursuit of Happiness" was specifically mentioned by Santorum during the debates on Partial Birth Abortion.

Santorum is refreshing and he's right. He speaks for me.

30 posted on 04/26/2003 7:16:25 AM PDT by Sacajaweau (God Bless Our Troops!!)
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To: SevenDaysInMay

These links will clear up your confusion.

 

More than a dozen briefs throw
support to Texas in sodomy lawsuit

United States marriage laws threatened by litigation at Supreme Court

Washington – More than a dozen briefs filed at the United States Supreme Court this week oppose the declaration of a new constitutional right in Lawrence v. Texas. The briefs support Texas’s sodomy law. Arguments are scheduled for March 26.

"These briefs were filed because we all support the unique stabilizing influence of marriage in our society," said Jordan Lorence, an attorney with the Alliance Defense Fund, who co-authored a brief with the Center for Original Intent of the Constitution. The Alliance Defense Fund is a national legal non-profit organization based in Scottsdale, Arizona, serving people of faith. "Contrary to what’s been reported in the mainstream news media, there is a lot of opposition to the cultural drift toward condoning same-sex relationships and same-sex marriage," Lorence said.

Lawrence v. Texas is a direct challenge by Lambda Legal Defense and Education Fund to the Supreme Court’s 1986 decision in Bowers v. Hardwick. Bowers said that individuals do not have a federal constitutional right to practice homosexual sex, known as sodomy. Seventeen years later, thirteen states, including Texas, still clearly proscribe sodomy. At one time, every state in the union proscribed sodomy.

Lambda basically uses two arguments for its case. It argues in favor of an expanded right to privacy, building upon the court’s controversial 1973 abortion decision, Roe v. Wade. It also argues that same-sex behavior is entitled to the same legal rights as heterosexual behavior.

"Advocates of homosexual behavior would like to use this case to advance their agenda. They want to legalize same-sex ‘marriage,’ to lift restrictions on homosexual conduct in the military, to legalize adoption by same sex couples, and to restrict free speech rights of individuals who have faith-based objections to endorsing, funding, or supporting homosexual behavior," Lorence said.

Alabama, South Carolina, and Utah (State Attorneys General)

American Center for Law and Justice
Jay Alan Sekulow, Counsel of Record

American Family Association
Stephen M. Crampton, Counsel of Record

Center for Arizona Policy
This brief refutes the errors expressed in the opposing amicus submitted by the American Psychology Association.
Len L. Munsil, Counsel of Record

Center for Law and Justice International
Pat Monaghan, Counsel of Record

Center for the Original Intent of the Constitution
Michael P. Farris, Counsel of Record

Concerned Women for America
Janet M. LaRue, Counsel of Record

Family Research Council & Focus on the Family
Robert P. George, Counsel of Record

Legislators, State of Texas
Kelly Shackelford, Counsel of Record

Liberty Counsel
Mathew D. Staver, Counsel of Record

Pro Family Law Center
Richard Ackerman, Counsel of Record

Texas Eagle Forum; Daughters of Liberty Republican Women of Houston, Texas;
Spirit of Freedom Republican Women's Club

Teresa Stanton Collett, Counsel for Amici Curiae

Texas Physicians Resource Council, Christian Medical and Dental Association, Catholic Medical Association
Glen Lavy, Counsel of Record

United Families International
Paul Benjamin Linton, Counsel for the Amicus


RESPONDENT’S BRIEF

Harris County, Texas

32 posted on 04/26/2003 7:19:52 AM PDT by Remedy
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