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- From: isbell@ai.mit.edu (Charles L Isbell)
- Newsgroups: misc.legal
- Subject: Re: Supreme Court and Homosexuality
- Message-ID: <ISBELL.92Nov23214012@panther.ai.mit.edu>
- Date: 24 Nov 92 05:40:12 GMT
- References: <24067@galaxy.ucr.edu> <1992Nov22.223446.4225@midway.uchicago.edu>
- <19394@smoke.brl.mil> <1992Nov23.164201.4854@midway.uchicago.edu>
- Organization: MIT Artificial Intelligence Laboratory
- Lines: 47
- NNTP-Posting-Host: panther.ai.mit.edu
- In-reply-to: thf2@ellis.uchicago.edu's message of Mon, 23 Nov 1992 16:42:01 GMT
-
- matt@smoke.brl.mil (Matthew Rosenblatt) writes:
- |>>Here's a hypothetical.
- |>>
- |>>Can Georgia constitutionally ban heterosexual sex? [Ted Frank]
- |>
- |>We have it from Justice William Douglas's opinion for the U. S.
- |>Supreme Court in _Skinner v. Oklahoma_, 316 U.S. 535 (1942),
- |>that legislation taking away the right to procreate affects
- |>"one of the basic civil rights of man," because marriage and
- |>procreation are fundamental to the very existence and survival
- |>of the race.
-
- I'm not sure how marriage is "fundamental to the very existence and
- survival of the race", but I might see how procreation is. My
- question to you is, does his reasoning fall apart if we can use ways
- other than sex to procreate? My fiance' claims that good, safe in
- vitro fertilization costs only about $1000 (less, if you can get a
- good turkey baster). So it seems to me that since sex is not
- necessary to procreate anymore (and these other ways may soon be cheap
- and readily available) and the salient "right" asserted above is the
- right to procreate, this in no way bars the states from banning
- heterosexual sex.
-
- And then, even if we did not have these other methods, it doesn't seem
- to me that this shows that the state cannot so restrcit het sex so as
- to ban sex other than for the purpose of procreation.
-
- In response to the above comments,
- thf2@ellis.uchicago.edu (Ted Frank) writes:
- |Show me "marriage" and "procreation" in the Constitution.
-
- Uhhhhhh....
-
- |Can a state require a fertility test before marriage?
-
- Howzabout a blood test?
-
- --
- Peace.
- "I'm not going to sit at your table and watch you eat, with nothing on my
- plate, and call myself a diner. Sitting at the table doesn't make you a
- diner. Being here in America doesn't make you an American."
- --Malcolm X
- -\--/-
- Don't just adopt opinions | \/ | Some of you are homeboys
- develop them. | /\ | but only I am The Homeboy From hell
- -/--\-
-