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- Newsgroups: misc.legal
- Path: sparky!uunet!usc!sol.ctr.columbia.edu!eff!mnemonic
- From: mnemonic@eff.org (Mike Godwin)
- Subject: Re: Supreme Court and Homosexuality
- Message-ID: <1992Nov23.030343.15232@eff.org>
- Originator: mnemonic@eff.org
- Sender: usenet@eff.org (NNTP News Poster)
- Nntp-Posting-Host: eff.org
- Organization: Electronic Frontier Foundation
- References: <1992Nov22.230615.13593@eff.org> <24071@galaxy.ucr.edu>
- Date: Mon, 23 Nov 1992 03:03:43 GMT
- Lines: 60
-
- In article <24071@galaxy.ucr.edu> judson@watserv.ucr.edu writes:
- >In article <1992Nov22.230615.13593@eff.org> mnemonic@eff.org (Mike Godwin)
- >writes:
- >>
- >> Please cite your source for your claim that *anyone* in Bowers v. Hardwick
- >> argued that "homosexuality was a fundamental right which could not be
- >> abridged."
- >
- >My source is taken from the opinion of the Court.
-
- What makes you think the opinion of the Court is an accurate summary of
- the arguments presented in the brief? It is well-established that the
- Court's opinion went out of its way to misstate what the issue argued was.
-
- You need to learn to do research before generalizing about what someone
- argued at the Supreme Court, my friend.
-
- >Here is how the opinion
- >started:
- >
- >"The issue presented is whether the Federal Constitution confers a
- >fundamental right upon homosexuality to engage in sodomy and hence
- >invalidates the laws of the many States that still make such conduct
- >illegal and have done so for a very long time."
-
- Are you so unclear about the workings of the Supreme Court as to be
- unaware that the opinion misstates the argument in this way in order to
- justify the conclusion it reaches?
-
- >Further on, he continues:
- >
- >"Respondent would have us announce a fundamental right to engage in
- >homosexual sodomy."
-
- Respondent would have no such thing. Read the brief.
-
- >Is that evidence enough to show that Hardwick was claiming a fundamental
- >right to homosexuality? Yes, it is true that later in the opinion the
- >issue was brought up that Hardwick's privacy was being violated, but this
- >issue was merely on the grounds that if homosexuality is a fundamental
- >right, then the police have no right to infringe upon his privay when
- >engaging in homosexual acts.
-
- If you ever make it to law school, please take the trouble to recognize
- that a Supreme Court opinion may not be a reliable source as to what the
- arguments were. Only the brief and the transcript of oral argument are
- reliable sources.
-
-
-
- --Mike
-
-
-
-
- --
- Mike Godwin, |"I can solve this Orient Express thing without
- mnemonic@eff.org| breaking a sweat. It's that simple."
- (617) 864-0665 |
- EFF, Cambridge | --Hercule Perot
-