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To: 88keys
Where in the Constitution are States granted the right to legislate the private everyday conduct of citizens based on sexual preference? The law in question bans homsexualy sodomy but not heterosexual sodomy.

Is not a person's sexual behavior part of their life and is it not also a liberty and a "natural right" as defined by the term liberty?

If the USSC had issued a specific ruling making 'sexual conduct' a private right that is guaranteed protection from state rights, THEN you are opening the door to rulings on incest, child porn, etc.

They did not do this and I so no reaon why incest, statuatory rape laws or child porn laws are somehow in jeopardy as a result of this ruling.
293 posted on 06/26/2003 8:33:24 AM PDT by finnman69 (!)
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To: finnman69
Is not a person's sexual behavior part of their life and is it not also a liberty and a "natural right" as defined by the term liberty?

In a word...no!

In a few more words, yes you can make a case for "liberty" and "natural rights" but I don't think you can extend this interpretation of "liberty" to define specific "Constitutional rights".

Perhaps the original Texas law is/was poorly written, badly enforced, or obsolete, but I still don't think the Supreme Court has any business issuing rulings on any sexual behaviour. In effect, they are re-writing state laws, aren't they? The problem is, they're setting that precedent, and there could (likely will) be all kinds of "unintended consequences" that go way beyond this one decision.

It actually occurs to me that this whole "neighbor with a grudge" story was a set-up, to start at the bottom (LOL!) and eventually get this case all the way to the Supreme Court...Rush is saying similar right now, not about my "conspiracy theory" but about "Supreme Court arbitration"...

435 posted on 06/26/2003 9:19:26 AM PDT by 88keys
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To: finnman69
Where in the Constitution are States granted the right to legislate the private everyday conduct of citizens based on sexual preference? The law in question bans homsexualy sodomy but not heterosexual sodomy.

That's true, but was apparently not the basis upon which the law was overturned. This ruling is said to invalidate all sodomy laws, not just those applying to homosexuals.

The Constitution does not grant rights to the states, in fact neither they nor the federal government have any, they only have powers. However the Constitution does not grant powers to the states either, it does restrict some of their previously existing powers, but under the 10th amendment it leaves those not explicitly restricted intact.

1,354 posted on 06/26/2003 4:21:28 PM PDT by El Gato
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