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To: Action-America
Breyer's reasoning is flawed because it is up to the States to make/unmake these laws, not the SCOTUS. The 4th Amendment has nothing to do with this at all. Period.

CF: Thomas' opinion. He thought the law was silly--but also agrees w/Scalia that the Supremes should butt out of Texas' affairs. Pun intended.
415 posted on 07/07/2003 6:07:25 PM PDT by ninenot (Joe McCarthy was RIGHT, but Drank Too Much)
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To: ninenot

The 4th Amendment has nothing to do with this at all. Period.

Gimme a break!

Following that reasoning, the states would be allowed to enter your home to search for unregistered guns or undeclared income.

The 4th Amendment, as a part of the supreme law of the land, guarantees us that no branch of government, at any level, has a right to violate the privacy of your home without probable cause, usually backed up by a warrant, but always supported by oath or affirmation.  Since the Texas sodomy law violated that guarantee, the 4th Amendment has everything to do with it.

I wonder if you would feel the same about state laws that allowed police to enter your home on flimsy hearsay evidence, to search for guns.  Regardless of how much you may dislike queers, when you deny them their rights, you open the door to having your own similar rights denied.

I have no respect for queers.  They are either mentally or physically sick and they refuse to seek a cure.  Even so, I will defend their rights under the Constitution, just as I would defend yours.  An attack on the rights of one citizen, even a queer, is an attack on the rights of every citizen.  Like it or not, the 4th Amendment, as does the rest of the Constitution, protects all of us equally.

 

454 posted on 07/08/2003 12:39:55 AM PDT by Action-America (The next country to invade Europe has to keep France!)
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