Thursday, June 26, 2003

Common Sense on the Court
While I was disappointed by the SCOTUS ruling in the Michigan cases the other day, today brings very good news. The Court has struck down the Texas anti-sodomy statute as violative of the right to privacy. In his dissent, Justice Scalia noted that this ruling may let the cat out of the bag on gay marriage, though that is not readily apparent in the narrow ruling. What the Court found was that the state cannot "control their destiny by making their private sexual conduct a crime."
While religious conservatives were strident in their support of anti-sodomy statutes, many conservatives believe that the government has no right to criminalize private sexual conduct. No matter one's opinion on homosexuality, it should be clear that this ruling is in line with contemporary jurisprudence respecting a right to privacy. No government should be able to come into your home and arrest you for having sex with another consenting adult. Religious conservatives would not wish for a government with the power to dictate how they worship in their homes and they should respect that other privte conduct is equally protected by the penumbra of privacy.

(full story here)


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