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June 26, 2003

Gay Sex Ban Unconstitutional

The Supremes have just issued an opinion striking down Texas' anti-sodomy law as an unconstitutional violation of privacy.

The men "are entitled to respect for their private lives," Kennedy wrote.

"The state cannot demean their existence or control their destiny by making their private sexual conduct a crime," he said.

Justices John Paul Stevens, David Souter, Ruth Bader Ginsburg and Stephen Breyer agreed with Kennedy in full. Justice Sandra Day O'Connor agreed with the outcome of the case but not all of Kennedy's rationale.

Chief Justice William H. Rehnquist and Justices Antonin Scalia and Clarence Thomas dissented.

As most of you know, I strongly disagree with anti-sodomy laws, as I don't see any legitimate state interest in this prohibition of conduct for one group that's permitted for another. Texas advanced a somewhat bizarre argument in defense of its statute.

Texas defended its sodomy law as in keeping with the state's interest in protecting marriage and child-rearing. Homosexual sodomy, the state argued in legal papers, "has nothing to do with marriage or conception or parenthood and it is not on a par with these sacred choices."

So apparently heterosexual sodomy promotes those things...though I don't quite see the connection between sodomy and conception myself. But maybe things work different in Texas.

I haven't read the opinion yet, but my initial response is "Right decision, wrong reason." It's Lawrence v. Texas, 02-102, should be posted on their website later today.

You'll just have to make do with my half-baked legal opinion for now.

Posted by Rita at June 26, 2003 09:50 AM

Comments

Brings new meaning to "oral arguments"...

I''m so sorry.

Posted by: Keith at June 26, 2003 05:53 PM

"....during which all the justices will examine the parties' briefs."

Heh heh.

Posted by: Rita at June 26, 2003 06:05 PM

The Justices HAVE to rule in favor of sodomy. Otherwise the IRS would be unconstitutional.

Posted by: Ralph Gizzip at June 26, 2003 06:22 PM