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To: freeeee
The problem many of us our having is that to get the result you wanted (remove sodomy from the books) you have gutted the ability of states to pass any laws that restrict sexual habits. Privacy will trump everything else.

It could have been done with other logic or it could have been done at the state level by the court returning it the Texas. But isntead the created a privacy right that trumps the state. This will be a sad day in the future.

785 posted on 06/26/2003 11:07:02 AM PDT by VRWC_minion (Opinions posted on Free Republic are those of the individual posters and most are right)
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To: VRWC_minion
The problem many of us our having is that to get the result you wanted (remove sodomy from the books) you have gutted the ability of states to pass any laws that restrict sexual habits. Privacy will trump everything else.

Laws that restrict sexual habits that violate rights, like laws preventing adults from having sex with kids, or rape, will be perfectly legitimate.

There are many rights that trump the right to privacy.

805 posted on 06/26/2003 11:16:22 AM PDT by jimt
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To: VRWC_minion
The problem many of us our having is that to get the result you wanted (remove sodomy from the books) you have gutted the ability of states to pass any laws that restrict sexual habits.

That's ridiculous. The typical apocalyptic rhetoric about how nothing will be illegal anymore fails because every example given somehow violates someone else's right (i.e. pedophilia or rape) where consensual homosexuality between two adults does not.

And beyond that, for those who might be captious enough to quibble with semantics, most reasonable adults can and do discern between different sex acts. Most reasonable adults would reject the spurious premise that a dog can engage in 'consensual sex' with a human.

808 posted on 06/26/2003 11:19:06 AM PDT by tdadams
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To: VRWC_minion
to get the result you wanted (remove sodomy from the books) you have gutted the ability of states to pass any laws that restrict sexual habits.

Laws concerning non-consensual behavior will be unaffected.

Privacy will trump everything else.

What's wrong with privacy?

it could have been done at the state level by the court returning it the Texas

I agree. My only concern is that this violates the 10th Amendment.

The correct ruling would have been that Article I, Section 8 of the Constitution gives Congress no power to create a federal law concerning sodomy, and that private consensual activity is a protected right under the 9th Amendment at the federal level.

And that the 10th Amendment reserves the power to regulate sodomy to the many states, as their respective constitutions allow.

813 posted on 06/26/2003 11:22:43 AM PDT by freeeee
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