Free Republic
Browse · Search
News/Activism
Topics · Post Article

To: Thane_Banquo
"The Constitution does not state that one has a right to engage in homosexual sex."

Nor does it state that one has a right to heterosexual sex, either. The constitution is pretty silent on sexual activity.
1,093 posted on 06/26/2003 1:17:25 PM PDT by MineralMan (godless atheist)
[ Post Reply | Private Reply | To 1092 | View Replies ]


To: MineralMan
The constitution is pretty silent on sexual activity.

Which, by the tenth amendment makes it a state matter. Unless of course you want to argue that a privacy right protecting homosexual activity existed at the time as is a right retained by the people, as specified in the 9th amendment.

That's not to say that if today's decision hadn't happened, that the police could go breaking down doors looking for homosexual sodomy in progress, the fourth amendment would prohibit that. I agree with Justice Thomas that the law is pretty silly and mostly unenforceable, but that it's a matter for the states, including state courts applying state constitutions, not for the federal courts.

1,462 posted on 06/26/2003 8:11:58 PM PDT by El Gato
[ Post Reply | Private Reply | To 1093 | View Replies ]

Free Republic
Browse · Search
News/Activism
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson