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- Path: sparky!uunet!usc!sdd.hp.com!network.ucsd.edu!galaxy!watserv.ucr.edu
- From: judson@watserv.ucr.edu (Mike Judson)
- Newsgroups: misc.legal
- Subject: Re: Supreme Court and Homosexuality
- Message-ID: <24061@galaxy.ucr.edu>
- Date: 21 Nov 92 19:14:30 GMT
- Sender: news@galaxy.ucr.edu
- Reply-To: judson@watserv.ucr.edu
- Lines: 48
- Nntp-Posting-Host: watat17.ucr.edu
-
- In article <By2t7H.3DF@world.std.com> srm@world.std.com (Stevens R Miller)
- writes:
- > cramer@optilink.COM (Clayton Cramer) writes:
- >
- > >I think [the Hardwick] decision was wrong. What two consenting adults
- > >do in private is none of the government's business.
- >
- > But that has nothing to do with what the court was asked to decide.
- > The question was not whether or not it is the business of the federal
- > government to regulate the conduct of consenting adults. The question
- > was whether or not it is the business of the federal government to
- > regulate a state's legislative power over the conduct of consenting
- > adults. Now, you may feel that prohibiting sodomy is wrong, but all
- > the court decided was that such prohibition did not violate the
- > Constitution.
- > --
- > Stevens R. Miller J.D.
-
- Mr. Miller, I don't mean to insult your intelligence as a J.D., but there
- was more at issue than if the federal government can regulate a state
- government's legislation regarding two consenting adults. In fact, the
- petitioner was arguing that homosexuality is Constitutionally legal, and
- thus the state has no right to make legislation regarding the activities
- of homosexuals. The Court, however, rightly did find that nowhere in the
- Constitution does it state that Homosexuality is a right which can not be
- abridged. In this regards, I agree with the Court's decision. However,
- nowhere in the Constitution does it say that heterosexuality is a right
- which can not be abridged, and as such, the government could very well
- make legislation prohibiting activities between two heterosexuals. This
- is theoretically how the Court would decide in regards to the petitioner's
- complaint. However, the petitioner did not ask the right question. He
- wanted the Court to rule that homosexuality is a Constitutional right,
- and the Court could not find any basis for this and ruled against him.
- Instead, the petitioner should have asked that the legislation be stricken
- on grounds that it violated the right to privacy. If this were the
- argument, the petitioner would have had a better chance of winning.
-
- In my personal opinion though, I agree that states or the federal
- government have no right to intrude on the activities of two consenting
- adults, whether hetero or homosexual.
-
- --
- "It takes a big man to cry.
- but it takes a bigger man to laugh at that man."
- Jack Handy
-
-
- judson@watserv.ucr.edu
-