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To: VRWC_minion
to get the result you wanted (remove sodomy from the books) you have gutted the ability of states to pass any laws that restrict sexual habits.

Laws concerning non-consensual behavior will be unaffected.

Privacy will trump everything else.

What's wrong with privacy?

it could have been done at the state level by the court returning it the Texas

I agree. My only concern is that this violates the 10th Amendment.

The correct ruling would have been that Article I, Section 8 of the Constitution gives Congress no power to create a federal law concerning sodomy, and that private consensual activity is a protected right under the 9th Amendment at the federal level.

And that the 10th Amendment reserves the power to regulate sodomy to the many states, as their respective constitutions allow.

813 posted on 06/26/2003 11:22:43 AM PDT by freeeee
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To: freeeee
Laws concerning non-consensual behavior will be unaffected

Non-consenual is in the eye of the beholder. Who can consent ? At what age ? Who can judge acts done in privacy ?

833 posted on 06/26/2003 11:31:25 AM PDT by VRWC_minion (Opinions posted on Free Republic are those of the individual posters and most are right)
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