This was suggested by another question asked recently.
Legally, how did it happen?
Thanks.
2007-10-22 04:19:33 · 14 answers · asked by American citizen and taxpayer 7 in Politics & Government ➔ Law & Ethics
Actually, it is:
http://en.wikipedia.org/wiki/Lawrence_v._Texas
2007-10-22 04:25:20 · update #1
Actually, the word "fundamental" is missing from the Lawrence v. Texas decision, insofar as describing "sodomy" as a "fundamental right."
The reason that Justice Kennedy referenced the Casey v. Planned Parenthood decision was because Justice Kennedy was trying to imply that "sodomy laws" are invalid under an "undue burden" standard, which is a legal standard somewhat more lenient than the "strict scrutiny" standard which courts would apply when a "fundamental right" is at stake.
How did "sodomy laws" get struck down anyway, regardless of which legal standard they applied? The answer is because Supreme Court Justices are corrupt with power. They always strike down laws that they don't like. "Legal reasoning" truly has nothing to do with it. They choose what result they want and then they lie about the Constitution claiming that the Constitution mandates the result that they want.
Also see my answer to this question.
http://answers.yahoo.com/question/index;_ylt=AiSwWf3bpyFVgi6n80xVSqvty6IX;_ylv=3?qid=20061201173702AAM3WZN&show=7#profile-info-13205f804f8e3a03209d61dc82beb222aa
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2007-10-22 05:20:59 · answer #1 · answered by Anonymous · 2⤊ 2⤋
The legal decisions are not based on a fundamental constitutional right to sodomy. There is no such thing.
There is a fundamental constitutional right to privacy. It is one of the "unenumberated" rights that strict constructionalists like to beat up more liberal judges on. In the decisions that strike down anti sodomy laws, the court reasoned that there would be no way to enforce an anti sodomy law without violating the constitutional right to privacy and therefore the anti sodomy law must be unconstitutional.
If sodomy were a fundamental constitutional right, you could perform sodomy anywhere. And obviously, you cannot. If you did you would be arrested on any number of violations.
The reason that some sodomy laws remain on the books of some state criminal codes is that the laws are no longer enforced. Any conviction under those laws would certainly be struck down and be a big waste of time.
2007-10-22 04:48:03 · answer #2 · answered by Marc D 3 · 2⤊ 2⤋
The U.S. Constitution never specifically says that citizens have a right to privacy. Yet it does say they have rights that aren't specifically mentioned in the Constitution--and the Supreme Court has ruled that privacy is among them.
How can the Constitution protect rights it never names? Well, the framers were clever fellows. They realized people might read an enumerated list--like, say, the Bill of Rights--and assume the list was supposed to be exhaustive. So, to make sure their list wasn't read that way, they wrote a rule against doing so and added it to the list. That rule is the Constitution's Ninth Amendment.
2007-10-22 07:48:42 · answer #3 · answered by Anonymous · 1⤊ 1⤋
They aren't any constitution rights to sodomy. The U.S. Supreme Court ruled 6-3 that sodomy laws are unconstitutional on June 26, 2003. That just means you can't have law in your state that makes it illegal for your girlfriend or what ever floats your boat to go down on you. It also does not allow a law against anal sex with a woman or man.
Who cares how it happened, should the government really be able to tell me and my girlfriend what we can and can't do behind closed doors.
2007-10-22 04:35:58 · answer #4 · answered by Clayto 2 · 2⤊ 1⤋
If the act is outlawed based only on a religious viewpoint then it is a violation of separation of church and state. Any laws crafted in that manner would discriminate against people who do not subscribe to that religion or that particular point in the religion. This would be a violation of the 1st amendment, as in the freedom of religion.
Laws have been passed that ban this but they have been knocked down by the courts including the Supreme court decision on the Texas law. This would be a precedent for all other laws in other states that deal with the same thing.
2007-10-22 04:39:05 · answer #5 · answered by A.Mercer 7 · 1⤊ 2⤋
carry a protest with a set bare gay human beings kissing and touching one yet another on the white domicile. no longer something to image nonetheless. It would not be purely a "oh nicely what i do in privateness" element for me. i could be pissed as hell approximately it that persons could even have the nerve to objective and administration homosexuality that way.
2016-12-18 14:24:03 · answer #6 · answered by ? 4 · 0⤊ 0⤋
I don't think it is . And in fact , many states have sodomy laws . And many states have laws forbidding oral sex even amongst married couples ! True !
But I THINK sodomy is wrong , and I KNOW the Bible / God says so .
2007-10-22 04:24:09 · answer #7 · answered by Anonymous · 2⤊ 2⤋
I think the article you attached answers your question for you. It is a liberty interest and a privacy interest, between consenting adults.
2007-10-22 04:33:27 · answer #8 · answered by Heather Mac 6 · 1⤊ 1⤋
Why do you care what people do in their bedrooms? It's none of our business.
What next, Will the sex police raid our bedrooms to make sure we're getting in on legally? Give me a break.
2007-10-22 04:30:03 · answer #9 · answered by Anonymous · 5⤊ 1⤋
All rights not specifically identified in the constitution still belong to the people....
buttsex has been going on for thousands of years...not just gay sex.... You act like it's new.
2007-10-22 04:24:10 · answer #10 · answered by Anonymous · 2⤊ 2⤋