Supreme Court says sodomy is legal, makes mockery of the family
August 1, 2003
"Therefore God gave them over in the sinful desires of their hearts to sexual impurity for the degrading of their bodies with one another. They exchanged the truth of God for a lie, and worshiped and served created things rather than the Creator, who is forever praised. Amen." (Romans 1:24-25)
In an extreme activist ruling in Lawrence v. Texas, the U.S. Supreme Court, on June 25, overturned a Texas sodomy law and the court’s own precedent in Bowers v. Hardwick, finding a supposed constitutional right to sodomy. States will no longer be permitted to treat homosexuality as a crime. This case began when Lawrence and his male partner were arrested and pled "no contest" to charges of committing "deviate sexual intercourse," defined under the Texas statutes as "deviate sexual intercourse with another individual of the same sex." They appealed to the Texas Court of Appeals, which upheld the convictions and then to the U.S. Supreme Court.
This is a landmark decision very much like Roe v Wade in which the court ruled that "a right to privacy" trumps the people’s right to make their own laws governing sexual behavior. Six black robed lawyers have magically again discovered a constitutional "right of privacy" that includes sexual approval and death. Many homosexuals are dead today because they contracted AIDS from sodomy. By creating a constitutional ‘right’ to sodomy, the court has made a mockery of real constitutional rights and has trampled on the rights of the people of Texas to govern their own communities. This is judicial tyranny at its worst If a bogus right to privacy is used to legalize same sex sodomy by consenting adults, then state laws prohibiting prostitution, adultery, bigamy, same sex marriage and incest are all at risk.
President John Adams said, "Our Constitution was made only for a moral and religious people." The Court has denied the people of Texas their constitutional right to decide what immoral sexual behavior is and replaced it with the court’s libertine version. The majority didn’t like the Texas sodomy statutes, so they struck them down, negating the will of the people of Texas. The ruling in Lawrence v. Texas was spawned by hedonist Supreme Court justices who believe in a ‘living’ and ‘evolving’ theory of the Constitution as though the Founding Fathers wrote it on a blackboard and gave them an eraser and chalk. What the Founders called "license," today’s liberals on the court call "liberty."
As shocking as this decision is, it is Justice Anthony Kennedy’s outrageous cornerstone for the majority opinion that is the most unsettling. Kennedy summarily dismissed all previous majority precedents and relies most heavily on the Model Penal Code (MPC) which the American Law Institute concocted in 1955. The MPC is based on the pseudo sex science of Alfred C. Kinsey, whose sex research has been unmasked for being a fraud. Over the course of the last 50 years this junk science has wreaked havoc on America’s once protective sex laws. One would have hoped that a Supreme Court justice would have had this knowledge.
Homosexual activists will now try to augment this evil decision into a mandate for same-sex marriage. Any attempt to equate sexual perversion with marriage, which is the very foundation of society, is as absurd as this ruling. However, we see of how little value the court views precedents, when they want to impose an agenda on the American people. The court also ignored extensive medical evidence in amicus briefs documenting the harm that sodomy wreaks among homosexuals, men in particular. Given that sexually transmitted diseases (STDs) peculiar to acts of same sex sodomy have created a wildly disproportionate epidemic of diseases among homosexual men. Texans have every right to differentiate between the marital bed and the gay bathhouse. Justice Kennedy writes that the state must stay out of it, "Absent injury to a person or abuse of an institution the laws protects." The deaths of thousands and thousands of men from AIDS, not to mention other serious diseases stemming from homosexual practices, constitute "injury."
Robert Knight, director of CWA’s Culture & Family Institute says, "This ruling means that schoolchildren will be taught that homosexual sodomy is normal, healthy and the equivalent of marital sex. And it will intensify efforts to attack the next barrier to total sexual ‘liberation,’ the laws regarding the age of consent." With the court finding that gay relationships are protected by the Constitution, it would appear that age-of-consent laws which differentiate between heterosexual and homosexual sex will be another casualty, along with some state statutory rape laws. The subsidiary damage of this one decision will be felt in America for many years and will keep many lawyers busy.
Furthermore, this decision is more evidence that "We the People" have virtually lost the right to govern ourselves because of judicial activists who think they have a right to create law. Judicial activism is the enemy to our liberties because it is not based on moral absolutes but on the ever shifting sands of societal whims and political correctness. Our very own Bill of Rights is in jeopardy as long as we have a Supreme Court which is motivated by an ever changing cultural agenda. More than ever, the American people need to put a stop to the obstructionist Senate filibusters that are blocking President Bush’s strict constructionist nominees to the federal courts.