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Texas Sodomy Law Challenge in Supreme Court
Reuters ^ | Dec 2, 2002 | staff

Posted on 12/02/2002 10:18:20 AM PST by polemikos

WASHINGTON (Reuters) - The U.S. Supreme Court said on Monday it would decide a challenge to a Texas law that makes it a crime for gays and lesbians to have consensual sex in their own homes, agreeing to consider overruling its 1986 decision that upheld state sodomy laws.

The high court said it would hear an appeal by two men convicted of engaging in "homosexual conduct." They argued the law violates constitutional privacy and equal protection rights, subjecting gays to criminal penalties while allowing different-sex couples to engage in the same conduct.

The justices also said they would consider overturning their 5-4 ruling in 1986 that handed gay rights advocates a defeat by declaring that homosexuals have no constitutional right to engage in sodomy.


TOPICS: Constitution/Conservatism; Culture/Society; Front Page News; Government; News/Current Events; US: North Carolina; US: Texas; US: Virginia
KEYWORDS: constitution; flamewar; hoaxcase; homosexualagenda; houston; longuselessthread; notdeadyet; offtopicwhining; pasadena; peckingparty; prisoners; publichealth; sodomy; sodomylaws; thissucks; threaddiedlongago; throwthecaseout
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To: Texaggie79
Your problem is that drugs or sodomy are not Constitutionally supported rights. Sorry.

Any activity that does not directly harm, take from, impose upon, or place burden upon another person is a constitutionally supported right. There you go.

321 posted on 12/02/2002 3:16:59 PM PST by southern rock
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To: B-Chan
According to your little chart Lesbians must be the chosen ones.
322 posted on 12/02/2002 3:17:08 PM PST by Station 51
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To: southern rock
And this is specified WHERE in the USC? Or did you just conveniently make that up?
323 posted on 12/02/2002 3:18:00 PM PST by Texaggie79
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To: Station 51
Rumors in Austin say you people are into some strange things!

Well, in all fairness, Austin is a strange town. :P

324 posted on 12/02/2002 3:18:15 PM PST by southern rock
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To: Chancellor Palpatine
The result of the case may have been good, but the opinion was as badly reasoned as Roe v. Wade, and it paved the way for decisions as bad as that one. I thought of the name of the case, by the way. It was Griswold v. Connecticut.
325 posted on 12/02/2002 3:19:06 PM PST by aristeides
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To: A Navy Vet
Hey!, you aren't supposed to know what that is.
326 posted on 12/02/2002 3:19:45 PM PST by Texaggie79
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To: B-Chan
Statute law is based upon natural law.

This is a particularly inane statement. I am not familiar with any statutes that prohibit flying by telekinesis, decreasing the entropy of a closed system, writing three numbers such that A<B, B<C, and C<A, or otherwise violating the laws of nature.

327 posted on 12/02/2002 3:19:45 PM PST by steve-b
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To: clamboat
The cops "burst" into an unlocked apartment responding to an emergency call placed by a consort of these men. Nothing happened that they didn't want to have happen. There is no "Big Brother" lurking in the shadows.

A member of city coucil is openly homosexual. There have been no attempts to catch her in violation of state sodomy laws. There was an investigation a few years back where much of city coucil was caught in a sting operation for taking money under the table for civic bids. If she is regularly committing a felony and there were any concern about it, don't you think that investigators would pursue catching her?

There are many laws on the books that are not or selectively enforced. The legislature removes them from the books on occasion. It is not for the courts to do.

328 posted on 12/02/2002 3:20:25 PM PST by weegee
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To: breakem
Breaken:

I think our discussion is about whether Sodomy is a constitutional right. The supposed 'right' to 'pursue liberty and happiness' is not in the constitution. It is a statement in the Declaration of Independence. As such, it has no constitutional weight.

The constitution doesn't include a RIGHT eat the foods of your choice. Does that mean if some legislation decides to pass laws that mandate what you can eat and when, that this would be constitutional as well?

The states regulate what you can eat all the time. Health laws, labeling laws, laws making various chemicals illegal (even food supplements). At the state level, these laws are almost certainly constitutional.

Rights are not subject to plurality vote.

Well, this begs the question we are discussing. Is sodomy a constitutional right?

329 posted on 12/02/2002 3:21:41 PM PST by ffrancone
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To: VRWC_minion
[i]Possible theory....

There is a liberal justice who has agreed to leave next year provided that certain cases are taken up before his/her term is up.[/i]

Hmmm.. thanks for posting that... very interesting.

330 posted on 12/02/2002 3:23:38 PM PST by proud American in Canada
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To: Texaggie79
Amendment IX
331 posted on 12/02/2002 3:24:41 PM PST by southern rock
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To: Emmylou
Have you considered moving to the Middle East?

Have you considered moving to Holland? Donkey shows and kiddie porn are no big deal over there. Can't have the government meddling around in people's sex lives, you know!

Cause face it -- the days of arresting gays in the U.S. are over.

More's the pity.

< sarcasm > I can't wait until incest, kiddie porn, and necrophilia are decriminalized, too; then we will truly live in Utopia. < /sarcasm >

Cases like this are just mopping up.

So the Sexual Revoution is over, Comrade? Well, hurrah! Now right-thinking people of all races, creeds, and sexual preferences can walk shoulder-to-shoulder into a brave new world where every human being is free to use any other human being of any age, sex, or condition as a living receptacle for their basic animal desires.

Pardon me if I don't stand up and cheer.

Even AppyPappy likes it that this law isn't enforced.

What do I care? My opinions aren't based upon your tides-of-social-progress theory or upon what my fellow Freepers think. The fact remains that if the state has the right to regulate one sort of private, consensual sexual activity (e.g. incest) then it logically has the right to regulate other forms of private, consensual sexual activity (e.g. sodomy).

Face it: all law is legislated morality. The only question is which morality we will have as the basis of our laws. I choose traditional Judeo-Christian morality, which always and everywhere condemns same-sex intercourse as intrinsically disordered (i.e. immoral). I will continue to defend that tradition of moral thought no matter how much "mopping up" occurs or how many people disagree.

332 posted on 12/02/2002 3:24:42 PM PST by B-Chan
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To: Hodar
Be carefull what you wish for. Even without the issue of privacy, overturning this decision will be another step toward "mainstreaming" homosexuality.

Is that what you really want?

333 posted on 12/02/2002 3:24:54 PM PST by wcbtinman
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To: bvw
The last I heard, the Shakers were living in Maine and there were less than half a dozen. These kind of movements are not uncommon and usually reflect an apocolyptic view. The Shakers are remarkable in that they managed to last as long as they did through conversion and adoption.
334 posted on 12/02/2002 3:24:56 PM PST by AmishDude
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To: breakem
Sorry. I didn't include this in my previous post to you.

You wrote: May I ask why you think the government has a role in the issue of adults have sex with each other?

As I said in the post to which you responded, I think sodomy laws are silly and worse, completely unenforceable. But that is not a CONSTITUTIONAL argument. It is an argument for the legislature. This thread relates to the constitutionality of the sodomy laws. That should be a complete no-brainer. But, given the composition of the Court, I fear another assault on the integrity of our constitution in the breeze.

335 posted on 12/02/2002 3:25:10 PM PST by ffrancone
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To: BikerNYC
Good old fashioned moral conservatism is not very popular these days.
Sure it is, in other places in the world.

The number of such places is expected to decrease in the near future, via "regime change".

They have it coming, to be sure. If they'd wanted to stay in the 7th century, they ought to have slapped down their worst goons before they poked the hornet's nest one time too many....

336 posted on 12/02/2002 3:25:37 PM PST by steve-b
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To: ffrancone
The state does not regulate what I eat. I grow my food and I eat what I want. The state does not tell me what to wear. And the cop who comes to arrest me for how I have sex will be shot, if I am able to do so. I will not surrender my human right to engage in this behavior.

Others have said it well here and I tried to do so also. The constitution does not address it nor was it intended to list all human rights. In fact it says that.

I believe it is your problem to explain why this is a government power and why you are willing to allow your government corntol of you or your neighbor's behavior in this area.

337 posted on 12/02/2002 3:26:50 PM PST by breakem
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To: southern rock
Let's look at that, shall we?

The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

Now, if the majority of a STATE voted to keep sodomy, witchcraft, or drugs illegal, it would not seem that it would be a right retained by the people of that state, would it?

338 posted on 12/02/2002 3:28:46 PM PST by Texaggie79
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To: ffrancone
response to 335 the states are not granted the right to deny human rights. If you believe they are please explain it to me.
339 posted on 12/02/2002 3:28:54 PM PST by breakem
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To: Hodar
I heard someone today on the radio say that a reversal of the decision by the USSC could pave the way for same-sex marriages but I don't see how. It would expand privacy more than anything else (and possibly abortion rights on the privacy arguments). Any speculation on why it might legitimize gay "marriage"?
340 posted on 12/02/2002 3:29:10 PM PST by MHT
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