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- Newsgroups: misc.legal
- Path: sparky!uunet!caen!zaphod.mps.ohio-state.edu!magnus.acs.ohio-state.edu!cthorne
- From: cthorne@magnus.acs.ohio-state.edu (Charles E Thorne)
- Subject: Re: Supreme Court and Homosexuality
- Message-ID: <1992Nov16.200040.19954@magnus.acs.ohio-state.edu>
- Sender: news@magnus.acs.ohio-state.edu
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- Organization: The Ohio State University
- References: <1992Nov15.020915.13341@midway.uchicago.edu> <1992Nov16.141632.11832@magnus.acs.ohio-state.edu> <1992Nov16.153839.4351@leland.Stanford.EDU>
- Date: Mon, 16 Nov 1992 20:00:40 GMT
- Lines: 48
-
- In article <1992Nov16.153839.4351@leland.Stanford.EDU> dkeisen@leland.Stanford.EDU (Dave Eisen) writes:
- >In article <1992Nov16.141632.11832@magnus.acs.ohio-state.edu> cthorne@magnus.acs.ohio-state.edu (Charles E Thorne) writes:
- >>In Bauer vs. Hardwick (about 1982 or '83) the Supreme Court upheld Georgia's
- >>anti-sodomy law. Mr. Hardwick was arrested in his bedroom (by a policeman who
- >>had no warrant to enter) and charged with violating Georgia's sodomy law (along
- >>with his partner). The case was taken to the U.S. Supreme Court by the State
- >>of Georgia and the supreme court ruled that even though the policeman had
- >>invaded Mr. Hardwick's privacy, there were certain things that were so vile
- >>and therefore prohibited by law (and the church) that privacy was not an
- >>issue.
-
- >I don't recall the Supreme Court using the word "vile" in their
- >opinion. The issue before the court was not whether or not
- >homosexuality is evil or whether or not prohibiting it was a
- >good idea. The case raised the question of whether a state
- >legislature would be allowed by the U.S. Constitution to proscribe
- >certain activities. Considering that the court has in recent
- >years taken a very narrow view of any "privacy" rights we have
- >and that they generally bend over backwards to uphold actions
- >of the states. It is not that surprising (in retrospect -- I was
- >pretty shocked at the time) that the court found for the state
- >of Georgia.
-
- >This is not to say that personal biases of court members do not
- >affect their opinions. I am quite sure that if two-thirds of
- >the Supreme Court were gay, they would manage to find a fundamental
- >right that Georgia violated. And that if the case had arisen at
- >an earlier date when homosexuality was almost universally
- >considered a sin, the vote would have been nowhere near as close
- >as it was.
-
- >This still doesn't make it fair or accurate to say that the
- >Supreme Court ruled that sodomy is vile.
-
- I may have gotten a little carried away in describing their description.
- I believe the kinds of words they did use were that since the general
- public considered it an unsavory act, and since the bible and church
- leaders were against it, who were they to approve?
-
- It's interesting that you mention the "sin". I thought the constitution
- provided for separation of church and state. It's interesting that the
- Republicans think the government shouldn't interfere in business but it's
- OK to interefere in bedrooms. The Democrats think the bedroom is sanctuary
- but the business world should toe the line.
-
- Charlie
-
-
-