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Sodomy ruling prompts fears and cheers (Boy Scout and marriage questions?)
The Philadelphia Daily News ^ | 6/26/03 | William Bunch

Posted on 06/27/2003 8:23:04 AM PDT by RonF

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To: sourcery
"Yes, because there is substantial risk of causing harm to any offspring, thus violating the rights of said offspring."

According to SCOTUS, offspring don't have rights until they have been born. The legality of abortion shows us that.

21 posted on 06/27/2003 11:33:40 AM PDT by MEGoody
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To: MEGoody
The gays were dancing in the streets yesterday (at least some of them) talking about how this was the first step in 'ending discriminiation.'

The gays were wrong. Romer v Evans was the first (and only) Supreme Court step toward 'ending discrimination' because Romer was an Equal Protection ruling, Lawrence was not. This may've been one of many steps in that direction, but this ruling did not establish any sort of precedent toward marriage (O'Connor's concurrence would have, which is why it drew such unusual ire from Scalia's dissent).

The legal recognition of gay marriages was one of the 'spectres' they raised.

Gays have been raising that spectre since probably the Stonewall riots, and no one is under any illusion that this is not their ultimate goal. However, the fact of the matter is that marriage will come in one of two ways: (1) as an Equal Protection judgment; (2) as a Full Faith & Credit judgment (assuming at least one state legalizes, first). Most likely the latter. Lawrence did neither, nor did Lawrence provide a precedent to either, nor was Lawrence any sort of necessary prelude to same-sex marriage...

22 posted on 06/27/2003 11:37:33 AM PDT by AntiGuv (™)
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To: af_vet_1981
Scalia's dissent does not matter. Kennedy's opinion is well grounded. This case has no relevance to freedom of association(the Boy Scouts), pedophilia, bestiality, gay marriages or any other issue you can dream up. The constitutionality of the Texas law about sodomy was ruled on. Nothing more.

Example One:

The feds struck down a federal gun law that was passed that made it a felony to possess a gun like with 30 yards of a school or within a "school" zone on a roadway. The Brady bunch kicked and screamed, not unlike people are doing now, saying that it would cause harm to all other gun control laws and cause killings at schools. Guess what, no other significant ones have been shot down and no rash of school killings ever happened. Its still illegal under the laws of the 50 States to bring a gun on a school campus.

Example Two:

The SCOTUS ruled that there was no provision in the Substance Control Act that permitted medical marijuana when the medicimal use of marijuana was used as defence against federal drug laws. Justice Thomas specifically stated that the court had not ruled that the SCA was constitutional or unconstitutional since that question was not brought before the court. Thus, State MM laws were not nullified.

This decision is no different, regardless of the lack of understanding of law demonstrated by too many people. Supreme Court decisions are typically very narrow for one simple reason - they deal with ONE particular issue. They do not broadly affect anything one can dream up.

23 posted on 06/27/2003 11:40:42 AM PDT by HurkinMcGurkin
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To: HurkinMcGurkin
Scalia's dissent does not matter

and that is a shame. Six members of the supreme court should be impeached and removed from office.

Kennedy's opinion is well grounded in paving the way to overturning the ban on homosexual marriage (ie., equal rights) in all fifty states.

This case has no relevance to freedom of association(the Boy Scouts), pedophilia, bestiality, gay marriages or any other issue you can dream up. The constitutionality of the Texas law about sodomy was ruled on. Nothing more.

It is relevant. Six members of the supreme court have turned establish common and criminal law on its head, saying black is white and white is black. The state no longer has a right to proscribe private sexual conduct. The other taboos will fall.

The corruption of American culture is widespread. Sexual deviations that were unthinkable forty years ago are celebrated today. Those who are young and intelligent are easily seduced by a liberal and licentious intelligensia. Those who are simply young are simply seduced. Even if the older (and purportedly wiser) citizens were not seduced and compromised (and so many are), there aren't enough moral people left to comprise a two thirds majority. This scales into the votes in the Senate. It would take a two thirds' vote to impeach and remove the justices. The democrooks alone can block that and they have publican and libertine allies.

24 posted on 06/27/2003 12:11:29 PM PDT by af_vet_1981
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To: af_vet_1981
There is no sense in arguing with you. I figured as much from the get go, but I thought I'd give you a chance.
25 posted on 06/27/2003 12:19:22 PM PDT by HurkinMcGurkin
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To: HurkinMcGurkin
No, you weren't going to convince me that the sc decision was correct. Not a chance.
26 posted on 06/27/2003 12:45:25 PM PDT by af_vet_1981
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To: HurkinMcGurkin
Sorry. You'd be right if SCOTUS said that the law was not correct under equal protection - if you ban it for same sex, then you have to for heteros.

In this case, they said, Texas can't make a law like this, which disallows any other state from making a law like this. That's the opposite of narrow, and O'Connor's opinion specifically cites that the things consenting adults do in the privacy of their own bedrooms is their business.

In so doing, you basically toss out the 10th amendment. Thomas said in his opinion, that after having read the Constitution, he can see no right to sodomy. He disagreed with the law that Texas sought fit to institute, but that was up to Texas, and not the SC.

Amazing how many libertarians fail to grasp this simple observation. All they can see is "What's private is private." Fine, I agree, take it up with Texas. The SC is their to interpret the constitution, not decide which laws it likes and doesn't like.

There is no right to sodomy in the Constitution, just like their was no right to Abortion their either. Doesn't matter, the court made it their business and ruled ex cathedra on the matter as if they were the collective pope. What matters is that the 10th is strict in that what is the Constitutions is written, and what isn't is up to the states. Simple and beautiful, but apparently not simple enough.
27 posted on 06/27/2003 1:19:41 PM PDT by RinaseaofDs
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To: RonF
The public can tolerate something that goes on behind closed doors between consenting adults, but asking them to bless it and give it legal and societial sanction is different. As homosexual rights activists will find out when they put it to the test.

Well put. I agree.

28 posted on 06/27/2003 1:23:45 PM PDT by jimt
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To: RonF
If TV would show one man shoving his penis into the rectum of another man, I think the views of this subject would be very different.
29 posted on 06/27/2003 5:58:36 PM PDT by PatrioticAmerican (If the only way an American can get elected is through Mexican votes, we have a war to be waged.)
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