Supreme Court Rules on Sodomy Law

Reader's comments Pennsylvania Senator Rick Santorum (R): "If the Supreme Court says that you have the right to consensual (gay) sex within your home, then you have the right to bigamy, you have the right to polygamy, you have the right to incest, you have the right to adultery, you have the right to anything," May 2003. Santorum's comments have merit. Except the Supreme Court only ruled on sodomy laws. Santorum may not be knowledgable in "gay sex," but who is? Think & Ask.

Gays and lesbians celebrated another round of "Gay Pride," during the months of June and July 2003 on the heals of what they call victory for relaxed sodomy law. While such an event may be justfied enough to catch-on around the world, celebration '03 in the United States was chocolate coated by a Supreme Court decision, according to the gay pride posters.

On 26 June 2003, the Supreme Court of the United States struck down a ban on "sodomy laws," between consenting adults. What this ruling has to do with gay pride, women rights, children's rights, or a recipe for chocolate fondue, escapes this writer.

If [all] citizens wish to celebrate a court ruling which removes the police from the comforter of an adult's bed, so be it. But to label "sodomy" as "gay sex," is equal to banning gays from ministry to protect children from pedophiles. Could gay sex also be, kissing, hugging, cuddling, caressing? Not according to the Associate Press (AP).

The AP reported (26 June 2003) that The Supreme Court "struck down a ban on gay sex." Such a headline is not what The Supreme Court ruled 6-3. In Justice Antonin Scalia's closing comments, he calls sodomy "gay sex." Scalia spoke for the three dissenting voters, reading from the bench that "The court has largely signed on to the so-called homosexual agenda."

Expression of gay pride? Is it drag? Is it sodomy? How could anyone have pride while wearing those shoes?

Both AP, and Justice Scalia; have made some remarkable decisions for the gay community. Does sodomy define the relationship between a same-sex couple? I can not locate a definition on homosexual sex, other than intercourse between two of the same sex. What is sex? Where is homosexual sex defined?

On Dallas radio, the morning after country singer Ty Herndon's "lude behavior" arrest in 1995, KRLD, KLIF and WRR reported that Herdon was arrested in a "gay park," for soliciting "homosexual sex." I'd never heard of a "gay park" prior to Herndon's arrest. Time has passed, but neither Herndon, his attorney, nor his talent agent agree that he was arrested for "homosexual sex."

Texas' "homosexual conduct" law, makes "deviate sexual intercourse with another individual of the same sex," a crime, (which put Herndon in jail for the evening.) Texas state appeals court ruled that law "advances a legitimate state interest," and preserves public morals.

Four of 13 states with sodomy laws, (Texas, Kansas, Oklahoma, Missouri) prohibit oral and anal sex between same-sex couples. Nine states ban consensual sodomy for everyone: Alabama, Florida, Idaho, Louisiana, Mississippi, North Carolina, South Carolina, Utah and Virginia. The Supreme Court ruling invalidates these state laws forward and out.

Ironically, Texas prosecutors argued as "friends of the court" that government has the right to enforce public morality and have long regulated behavior deemed "immoral," including gambling and prostitution. Except in Dallas, Austin, Lubbock, or Houston, where prostitution is a booming industry and generates more revenue than the Texas Rangers.

Gay pride 2003 missed the point. Gays and lesbians have a right to celebrate their lives. However, celebrating relaxed laws on sodomy doubtfully defines their activites. Gays and lesbians could pride themselves as a community by celebrating; diversity in their culture, talent, what they do for children or the elderly, what they give back to the greater community. Gays and lesbians should educate the population about who they are as men and women, outside of the bedroom.

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Reader's Comments

Darren Sowell
Lexington, KY
"...everyone knows that gay guys are pedophiles, that is why the Bible says homosexuality is a sin, like, duh, how difficult is it to understand after 2,000 years? Somethings never change, but I for one will fight gays trying to become normal like me."

Wes Cronin
Durham, NC
"Gays are responsible for moral deterioration in America, and all over the world. Even the terrorists hate gays (hint: 9-11.) So, why the Supreme Court decided to help the gay agenda is a travesty to this country. What will they do next?"

Frances Chapman
Brooklyn, NY

"After Hardwick vs. Bowers, in 1986, I joined a march in New York to protest the State's intrusion into private lives, then let sodomy laws go to the backburner of my political concern.

I commend the hard-core activists who had the patience to stick with fighting this decision in the courts. I would not have expected the Supreme Court to overturn sodomy laws seventeen years later. I am happily surprised.

Does the decision "chocolate coat" pride, or open the door to challenging discriminatory marriage laws? I think it can provide the impetus to legitimize same-sex unions.

My hope is that the state will replace civil marriage with something less emotionally charged. My suggestion is personal incorporation. We have "Subchapter S corporations" and "limited-liability partnerships." Why not choose a construct without religious and romantic baggage?

Personal incorporation, stripped of sexual connotations could allow anyone to pool assets and income and buy property with other individuals without declaring sexual love. If heterosexuals or homosexuals wish to marry, hire a preacher.

Alas, most of the same sex couples in bridal attire will fight this "sane" way to frame this right with as much energy as opponents do to preserve the sanctity of civil marriage."

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