No surprise: Homosexual Sodomy Law in Texas Voided by Top Court
The U.S. Supreme Court struck down Texas's homosexual sodomy law, handing gay-rights advocates a victory that overturns a 1986 ruling and says people have a right to perform such sex acts in private.
The court voted 6-3 to throw out the Texas law. The ruling also voids laws in 12 other states on grounds that adult couples can't be prosecuted for consensual sex acts committed in private. The court overturned the 1986 Bowers v. Hardwick decision that had rejected a right under the U.S. Constitution to commit sodomy.Two men prosecuted by Texas ``are entitled to respect for their private lives,'' Justice Anthony M. Kennedy wrote for the court. ``The state cannot demean their existence or control their destiny by making their private sexual conduct a crime.''
I will be curious as to the grounds for dissent, because I have to admit, I can see no grounds for the state to regulate the private sexual practices of consenting adults.
Posted by Steven Taylor at June 26, 2024 10:58 AM | TrackBackI agree on the policy. But there is obviously nothing in the Constitution to preclude such regulation by the states, either. Indeed, the Supremes couldn't find it as late as 1986.
Posted by: James Joyner at June 26, 2024 02:44 PMYup--as I thought about (and have heard a little analysis) that is what I realized that the dissent had to be based on. And having read nothing, I really don't know what the arguments are based on.
One thing that occurs to me, though, that in this case there seems to be an Equal Protection issue, and maybe a Due Process issue, since the law clealry is not consistently applied.
This does bear further consideration on my part in any event.
Posted by: Steven at June 26, 2024 03:06 PMOh my God! I had a bit of trouble understanding the ruling. I finally decided to look up the word "sodomy" and it has nothing to do with laying large tracts of grass.
Oh my God!!
Posted by: John Lemon at June 26, 2024 10:36 PMThis ruling is just an indicator of the pathetic state of American society!
Posted by: Sooth Sayer at June 27, 2024 07:31 AM