Originally posted by NY Madman:
There is no mention of sodomy anywhere in the constitution. This is not a federal right. If the Texas legislature wants to have a sodomy law, this is up to the people of Texas. If the federal government wants to outlaw sodomy it is up to Congress to do this. The justices job is to protect and uphold the constitution. Not pervert the constitution by making policy and morality (immorality) decisions.
You are correct, they shouldn't be making morality decisions. So Scalia should NEVER have mentioned anything about some supposed "gay agenda."
No, there is no law that says you can't have anal sex. But that's not why it was thrown out. It was thrown out on PRIVACY. How do you enforce a sodomy law? Searching. No other way. It is a clear violation of the 4th Amendment.
This will lead to a snowball of more gay agenda issues. Maybe even polygomy cases. Who knows. The public's tolerance for this garbage and "forced immorality by the state" is fading fast.
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"Nature has constituted utility to man the standard and test of virtue. Men living in different countries, under different circumstances, different habits and regimens, may have different utilities; the same act, therefore, may be useful and consequently virtuous in one country which is injurious and vicious in another differently circumstanced" - Thomas Jefferson, moral relativist
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