Scalia: What a massive disruption of the social order this ruling entails.

US Supreme Court ^ | June 26, 2003 | nwrep

[Beemnseven]

"Two men having sex (and hetrosexual anal sex) spreads disease."

Handshakes spread disease, too. Should the government outlaw handshaking, in the interest of public health?

Oh, and prostitution? Let's see. You can have sex with all the women you want, so long as you don't pay for it. Giving them one penny in return for their services would suddenly introduce a public health threat, right?

[GOPcapitalist]

I am NOT for the unlimited right of a state to make laws contrary to the spirit and letter of the Constitution. PERIOD.

Nor am I, but acts that achieve an exercise of personal license by way of assuming federal power and policy are similarly egregious. Thomas hit the nail on the head with this one. The Texas law was silly and, by existing, generally was not enforced nor was it hurting anybody (note: it is a little known fact that the two homos involved in this case's prosecution set themselves up to be caught and prosecuted so they could challenge the law in court). But overturning it by way of a federal infringement upon the rights of a state achieves that end by an illegitimate means, thus rendering both acts problematic.

The segregation argument was merely an example of unconstitutional behavior by a state under the cover of "state's rights." When we support such ideas, we lose credibility on REAL state's rights, anti-centralization issues.

I don't recall anybody supporting the idea of segregation in any matter as it relates to this case. You brought that issue up yourself in the last post and still have not demonstrated its relevance.

[TFMcGuire]

Homosexuality is not liberty it is bondage.

Further, the widespread practice of sodomy deprives an entire nation of rights by the leavening effect of such perversion on all of society and by ensuring the righteous judgment of God falling upon that nation.

You don't need to explain due process to Scalia. You need to shut up and listen to a man with more schloarship and common sense in his smallest digit than you have in your entire skull.

[FITZ]

Also, in localities with legal prostitution(provided there are basic health checks) the disease rate is almost nil.

They have monthly health checks on prostitutes in Mexico --often done by new doctors working their year for the government, some of them have told me the prostitutes are full of diseases ---every month they shoot them up with penicillin and whatever, but as soon as it wears off, they've got all the STDs back.

[GregoryFul]

I'm willing to bet that monogamous heterosexual sex spreads no disease.

Married monogamous, heterosexual sex has been the favored relationship in law - and for a good reason - it is heathful for individuals and for society. Adulterous, and/or deviate sex is not, that is why society has constructed social and legal sanctions against it. Just as society has constructed sanctions against theft, deception, and aggression between individuals.

Sadly, the wisdom of previous generations is lost on the "whatever makes you feel good" generation.

[jrushing]

How are you harmed in a transaction of sex for money? and are you similarly harmed(please quantify or qualify harm to YOU) by the act of an old rich man marrying a nubile young gold-digger?
I think that we are arguing about the same thing. Although I dislike prostitution, I have a real problem with the "STATE" arresting men or women for the "crime". But, do you allow streetwalkers in the schoolyard playground? Also, how can you keep them out. They might hand out condoms to elementary students.

[FITZ]

Married monogamous, heterosexual sex has been the favored relationship in law - and for a good reason - it is heathful for individuals and for society.

I think we'll see nature begin to take it's course (or God) ---with the number of STD's and also AIDS being spread, with us moving into the post-antibiotic age, lifespans and reproductivity will soon start dropping. They're saying chlamydia infections are an epidemic in this area ---in the high schools and the girls are losing their fertility at a very young age.

[TFMcGuire]

You read my mind.

And Barmy Barney was on the news attacking Justice Scalia also.

[TFMcGuire]

Yeah, or move to a pro sodomy state such as Hell!

[Skywalk]

Hmm, I think that the practice of having streetwalkers ply their trade in schoolyards would violate property laws against trespass(I assume) but also children are not rational actors that can be entrusted with the responsibility to resist or ignore prostitutes right in their face.

Even though I'm for an end to the WoD, I'd be for confining usage to private property.

[TFMcGuire]

He believes in the punishment of all crime but his.

[TFMcGuire]

Same brave men would have lynched a practicing homo!

[Skywalk]

Isn't Mexico the Third World exception to everything? lol

[Skywalk]

Here's where I'm going to be arrogant.

Scalia may or may not be a more intelligent man than I, he definitely knows more about the law than I do.

However, Justice Scalia has demonstrated in the past with his "order above liberty" decisions that his grasp of the spirit of the Constitution is quite limited compared to even little ole me.

[Skywalk]

Sorry, legislation is NOT due process.

Only a simpleton would argue such.

And the appeal to authority is a common and invalid debating tactic.

Try another one please. I've heard slippery slope today a lot so maybe you could go for false dichotomy or non sequitur.

[TFMcGuire]

You libertines have no sense of proportionality.

You cannot understand that immorality spreads STD's. People do not contract veneral disease by handshakes, hugs, or even patting on the back.

They are contracted by sexual intimacy.

Soddom and Gomorrah burned themselves up in their reprobation before God ever judged them with fire.

The moral effects of perversion and other immorality on society are manyfold worse thatn the plagues they gender.

[Skywalk]

Segregation applies in as much as it applies to all precedent and the limits of state's rights. I never said anyone here was proposing segregation. But previous decisions and societal conflicts are VERY relevant to anything involving federal-state disputes today.

[Skywalk]

SO you're FOR jailing promiscuous women?

[Dimensio]

Claim "consenting adults" and maybe you can get away with any crime!! Imagine 2 guys masturbating each other outside the school!

Interesting that you bring this up given that the primary basis for overturning the law was "privacy" concerns. Two guys masturbating in a car in front of a school would hardly be an act committed in "privacy", and certainly wouldn't be analagous to the USSC decision.

[GregoryFul]

Handshakes spread disease, too. Should the government outlaw handshaking, in the interest of public health?

If handshaking was known to be a serious threat to public health, it would be in the interest of society to prohibit the practice, don't you agree? Yes, it would probably be illegal to shake hands.

You can have sex with all the women you want, so long as you don't pay for it.

I think that fornication is generally illegal - not that it is generally enforced.