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Old 06-26-2003, 07:16 AM   #1
atheist_in_foxhole
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Exclamation Texas Sodomy Law Struck Down

The U.S. Supreme Court just struck down the Texas sodomy law on a 6-3 vote. I'll post a link when one becomes available.

This is a huge victory for gays and a huge defeat for the religious right.
 
Old 06-26-2003, 07:21 AM   #2
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CNN said that although it's not quite clear as of yet, the ruling may be against all sodomy laws.

Anyway, I bet Santorum is foaming at the mouth right now. I wish I could be there to watch.
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Old 06-26-2003, 07:27 AM   #3
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Supreme Court strikes down Texas sodomy law
 
Old 06-26-2003, 08:26 AM   #4
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The NY Times AP report says that this ruling apparently invalidates all remaining sodomy laws. We'll see.

--tibac
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Old 06-26-2003, 08:56 AM   #5
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Opinion of the Supreme Court
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Old 06-26-2003, 08:57 AM   #6
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Gee what a big surprise at the 3 who dissented.

Question for you SCOTUS experts, has Thomas ever voted differently than Scalia?
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Old 06-26-2003, 09:05 AM   #7
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Thomas has differed with Scalia on a handful of occasions, but without sitting down and making a table from the last 13 years worth of cases, I'm willing to bet that they have never parted ways on any "social issue" case.

This has nothing to do with that, but here is an excellent and informative article from Edward Lazarus discussing the Court's various levels of equal protection scrutiny with special reference to the affirmative action and sodomy cases:

The Supreme Court and Equal Protection

Lazarus correctly predicted that the Court would subject the Texas statute to "rational basis scrutiny," since it doesn't want to elevate sexual orientation to inclusion with suspect classes like ethnicity and religious persuasion, which have traditionally been subjected to "strict scrutiny."

And yes this ruling does invalidate all other existing state sodomy laws, which are few and rarely enforced to begin with.
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Old 06-26-2003, 09:14 AM   #8
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'bout time!

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Old 06-26-2003, 09:20 AM   #9
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Quote:
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 where are the Texas laws forcing virile men to abandon their barren wives and find a fertile teenager to impregnate? After all, that would foster conception, marriage, and parenthood.
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Old 06-26-2003, 10:02 AM   #10
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Quote:
Originally posted by Arken
Anyway, I bet Santorum is foaming at the mouth right now. I wish I could be there to watch.

Yes, foaming at the mouth in anticipation and greed. He is now a figure in the fight against this, and will reap fund raising benefits because of what he has said.
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