[Previous entry: "Nuke component unearthed in Baghdad back yard"] [Main Index] [Next entry: "The “Bush Lied” Case Falls Apart"]

06/26/2003 Archived Entry: "Supreme Court Strikes Down Gay Sex Ban"

THIS IS A TRICKY ONE: The U.S. Supreme Court ruled today that laws banning homosexual sex are unconstitutional on the grounds of privacy.

Clarence Thomas, who stated he would have voted to repeal a Texas law banning sodomy if he were a legislator (describing it an "uncommonly silly" law) there dissented stating that there is no constitutional right to privacy. He's right, there isn't one, but I have to agree with the decision. Outside of rational sex related laws (such as age of consent), I have to wonder if the state really has a right to legislate sexual acts performed by two consenting adults, regardless of their respective genders.

People argued that the state-level bans should continue because ruling them unconstitutional would pave a path to gay marriage. I'm not sure that's true since gay marriages rely on another set of arguments, generally based on equality arguments. Oh well, decide for yourself.

Read on.