Santorum is Right, and You Should Be Supporting Him: An Explanation of Lawrence v. Texas

Serious Vanity | 4-26 | TOH

[Jorge]

Fine. Then let them act like responsible citizens and elect legislatures that will repeal such laws.

They have been. Sodomy laws are being removed from the books in more and more States.

This isn't a question about the wisdom of such laws, but where the responsibility lies to pass or repeal them.

I've seen this issue framed in so many contexts it's amazing.
Bottom line is Santorum has shown extremely poor judgement in this and is only digging himself deeper.

[Kevin Curry]

"Group of citizens" or a behavior?

[Luis Gonzalez]

Citizens, it's all that matters when it comes to constitutional matters. The only behavior addressed by the constitution that I can recall off the top of my head is treason.

[Luis Gonzalez]

It can't be a behavior if you are to make your argument float. The behavior itself is condoned for heterosexuals.

[Kevin Curry]

All criminal laws target behavior. Why are all criminal laws therefore not violations of the 14th Amendment as to those citizens who choose to engage in them?

[Kevin Curry]

A law against shoplifting targets kleptomaniacs. Constitutional violation?

[Luis Gonzalez]

That's not true, criminal laws address actions in violation of statutes, but they remain the same for all.

It's not OK for whites to murder someone but not for blacks, is it?

[Jorge]

"Santorum simply needs to tell us whether or not he believes police should be able to barge into the bedrooms of consenting adults and arrest them for homosexuality and adultery."

Why? The state can (and does) bust into your bedroom if your dealing crack cocaine there.

Most Americans make a distinction between private sexual acts between consenting adults, and dealing cocaine.

Most who oppose cocaine dealing DO NOT like the idea of a govt that arrests and jails consenting adults for committing homosexuality or adultery in the privacy of their bedrooms.

[Luis Gonzalez]

Shoplifting laws address everyone, cleptomaniacs can raise an insanity defense which may alter the outcome of a trial.

[Kevin Curry]

Sodomy laws prohibit all men from having sex with other men. Why is that a Constitional violation?

[narses]

And that almost never happens.

[narses]

It isn't, ask the Founding Fathers. Thomas Jefferson helped pen the Virginia criminal sodomy statutes.

[Kevin Curry]

Sorry, but kleptomania may serve to mitigate the punishment but it will not prevent a conviction.

[Kevin Curry]

And in any event, I asked you why kleptomania laws aren't outright violations of the 14th Amendment, if sodomy is. Theft laws target all persons, but the kleptomaniac feels theft is "normal" for him. Why should the government be allowed to punish him at all?

[Kevin Curry]

I agree. I was just pointing out to luis that there is no denial of equal protection in sodomy laws. The fact that a particular man may enjoy sodomy means only that he enjoys sodomy--not that he has special protected status based on a passive non-behavioral characteristic such as skin color.

[Kevin Curry]

Most who oppose cocaine dealing DO NOT like the idea of a govt that arrests and jails consenting adults for committing homosexuality or adultery in the privacy of their bedrooms.

If they don't like it, let them elect legislators who will repeal the laws. Why should the Supreme Court butt in?

[Luis Gonzalez]

Because the State of Texas says that it is OK for heterosexuals to comitt sodomy, but not for homosexuals...it violates the 14th.

[Luis Gonzalez]

The act of stealing violates the right of another individual to their property, your rights end where mine begin.

How does the act of sodomy, between consenting adults, in the privacy of their own home violate any of your rights?

[Luis Gonzalez]

"I was just pointing out to luis that there is no denial of equal protection in sodomy laws."

In Texas there is.

[narses]

Amazing, no? An argument being made for the right to sodomy, on a conservative website. What next, legalize drugs and prostitution?