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Anonymous
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supreme court strikes down anti-sodomy laws
#1664546 - 06/26/03 01:09 PM (20 years, 9 months ago) |
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the supreme court ruled today that the 13 states that still had anti-sodomy laws on the books were in violation of the constitution and must repeal the laws. there were a few dissenting nazis but the majority voted for freedom. what do you think of this talk of a couple justices retiring on bush's watch?
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luvdemshrooms
Two inch dick..but it spins!?
Registered: 11/29/01
Posts: 34,247
Loc: Lost In Space
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Re: supreme court strikes down anti-sodomy laws [Re: ]
#1664573 - 06/26/03 01:24 PM (20 years, 9 months ago) |
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Quote:
mushmaster said: the supreme court ruled today that the 13 states that still had anti-sodomy laws on the books were in violation of the constitution and must repeal the laws.
I believe it was only a Texas law which was struck down. This may or may not have an effect on other states.
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what do you think of this talk of a couple justices retiring on bush's watch?
Hopefully when they retire the new judges will actually follow the constitution.
-------------------- You cannot legislate the poor into prosperity by legislating the wealthy out of prosperity. What one person receives without working for another person must work for without receiving. The government cannot give to anybody anything that the government does not first take from somebody else. When half of the people get the idea that they do not have to work because the other half is going to take care of them and when the other half gets the idea that it does no good to work because somebody else is going to get what they work for that my dear friend is the beginning of the end of any nation. You cannot multiply wealth by dividing it. ~ Adrian Rogers
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Cornholio
A liberal guy(on hiatus)
Registered: 01/13/03
Posts: 845
Loc: Austin, TX
Last seen: 20 years, 4 months
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Re: supreme court strikes down anti-sodomy laws [Re: luvdemshrooms]
#1666809 - 06/27/03 08:14 AM (20 years, 9 months ago) |
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Quote:
I believe it was only a Texas law which was struck down. This may or may not have an effect on other states.
It was a Texas law, but it definitely cancels the sodomy laws in all states (Supreme Court decisions automatically trump state laws). I've been seeing this on the news a lot here in Texas and they said it definitely cancels all other state sodomy laws.
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Hopefully when they retire the new judges will actually follow the constitution.
Amen to that brother!
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luvdemshrooms
Two inch dick..but it spins!?
Registered: 11/29/01
Posts: 34,247
Loc: Lost In Space
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Re: supreme court strikes down anti-sodomy laws [Re: Cornholio]
#1666813 - 06/27/03 08:17 AM (20 years, 9 months ago) |
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Quote:
I've been seeing this on the news a lot here in Texas and they said it definitely cancels all other state sodomy laws.
I've seen reports which state that it does, some that say it doesn't, some say it threatens, and some say it may.
-------------------- You cannot legislate the poor into prosperity by legislating the wealthy out of prosperity. What one person receives without working for another person must work for without receiving. The government cannot give to anybody anything that the government does not first take from somebody else. When half of the people get the idea that they do not have to work because the other half is going to take care of them and when the other half gets the idea that it does no good to work because somebody else is going to get what they work for that my dear friend is the beginning of the end of any nation. You cannot multiply wealth by dividing it. ~ Adrian Rogers
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Cornholio
A liberal guy(on hiatus)
Registered: 01/13/03
Posts: 845
Loc: Austin, TX
Last seen: 20 years, 4 months
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Re: supreme court strikes down anti-sodomy laws [Re: ]
#1666815 - 06/27/03 08:18 AM (20 years, 9 months ago) |
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Quote:
mushmaster said: what do you think of this talk of a couple justices retiring on bush's watch?
I think that's the very reason the Supreme Court disallowed Florida to finish their recount in the Presidential election - so they could retire under Bush and be replaced by another Republican.
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luvdemshrooms
Two inch dick..but it spins!?
Registered: 11/29/01
Posts: 34,247
Loc: Lost In Space
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Re: supreme court strikes down anti-sodomy laws [Re: Cornholio]
#1666821 - 06/27/03 08:22 AM (20 years, 9 months ago) |
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Quote:
I think that's the very reason the Supreme Court disallowed Florida to finish their recount in the Presidential election
Actually, it was because Florida and Federal law was clear on the timing and type of recounts. The recount as requested by the Gore would have violated these existing laws.
The Supreme Court wasn't willing to violate existing election law.
When you factor in that all the recounts as requested by Gore STILL... TO THIS DAY, show Bush as the winner, the whining about Florida is..... foolish.
-------------------- You cannot legislate the poor into prosperity by legislating the wealthy out of prosperity. What one person receives without working for another person must work for without receiving. The government cannot give to anybody anything that the government does not first take from somebody else. When half of the people get the idea that they do not have to work because the other half is going to take care of them and when the other half gets the idea that it does no good to work because somebody else is going to get what they work for that my dear friend is the beginning of the end of any nation. You cannot multiply wealth by dividing it. ~ Adrian Rogers
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drfrei
journeyman
Registered: 02/27/03
Posts: 51
Last seen: 20 years, 4 months
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Re: supreme court strikes down anti-sodomy laws [Re: luvdemshrooms]
#1666994 - 06/27/03 09:50 AM (20 years, 9 months ago) |
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Yes, it struck down automatically the laws in all othger states because of the way they phrased the decision. The decision was based on whether morals could determine lifestyle choices; the other way they could have ruled against the texas law specifically was to say that since the law addressed gay people specifically (which laws in other states did not necessarily do) they were not being guaranteed equal protection under the law.
i.e., the community could determine that it wanted sodomy illegal, but it would not be able to single out gay people in the sodomy laws. Under that type of decision (That they COULD have made), if the law was written so it applied to everyone it would still be legal.
But that is not how they made their decision - they talk about the mystery of life, and the ability of self responsibility, and said that even though the constitution did not guarantee anal sex, it did guarantee the right to make your own choices.
So, because morals can not be used in making sodomy illegal, it will go to any law that is based on morals. The government is terrified by this decision because they know EXACTYLY what it means. All drug laws are based on the same indignified morals that sodomy laws are based on, and it has just been decided by the highest court in the land that morals alone cannot make that decision.
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Anonymous
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Re: supreme court strikes down anti-sodomy laws [Re: drfrei]
#1667048 - 06/27/03 10:09 AM (20 years, 9 months ago) |
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Technically, isn't any law based on morals?
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Anonymous
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Re: supreme court strikes down anti-sodomy laws [Re: ]
#1667051 - 06/27/03 10:10 AM (20 years, 9 months ago) |
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it sometimes is, but it shouldn't be. it should be based on ethics.
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Innvertigo
Vote Libertarian!!
Registered: 02/08/01
Posts: 16,296
Loc: Crackerville, Michigan U...
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Re: supreme court strikes down anti-sodomy laws [Re: ]
#1667117 - 06/27/03 10:52 AM (20 years, 9 months ago) |
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Some laws are for the general safety: Stop Signs.
-------------------- America....FUCK YEAH!!! Words of Wisdom: Individual Rights BEFORE Collective Rights "The tree of liberty must be refreshed from time to time with the blood of patriots and tyrants." -- Thomas Jefferson
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drfrei
journeyman
Registered: 02/27/03
Posts: 51
Last seen: 20 years, 4 months
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Re: supreme court strikes down anti-sodomy laws [Re: ]
#1667213 - 06/27/03 11:45 AM (20 years, 9 months ago) |
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Quote:
babytripster said: Technically, isn't any law based on morals?
Yes, but there is a wide difference in morals. For instance, no sane person is going to say he has the right to rob a bank because robbery, predatory crimes (including white collar crimes) and violence are all bad things because you are imposing damage on others.
But morals are more than that - they cannot determine crimes of choice which are victimless crimes. That is what the decision basically said. Otherwise, all we would have to do to make ANYTHING illegal is to get a majority, and a hundred years ago it was just fine to treat people as second class citizens because of the color of their skins. No one seriously believes that now, just as no one would seriously say that being gay should be illegal.
To deny someone the right to grow a plant is the same type of thing as being gay. There is no other reason than your own sense of morals to have that act illegal, as there is no victim to the 'crime'. Thus the court said that the government does not have the power to interfere with a person's life when there is no overwhelming public safety issue at stake (speeding or bank robbery).
This will translate not just to gays but to other areas as well, because if they give the gay people the right to live as they desire, it would be denying equal protection under the law to someone who has a lifestyle that is also made invalid through laws, but which has no effect on neighbors or community. If IO crash my car while high, that can be punishable. It will take time for all this to percolate through the system, but the upshot is that now there is an actual precedence which limits the governments power to dictate behaviour through legislation.
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Anonymous
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Re: supreme court strikes down anti-sodomy laws [Re: drfrei]
#1667545 - 06/27/03 04:12 PM (20 years, 9 months ago) |
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That's like cool man.
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