Supreme Court Repeals Texas Sodomy Law

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Supreme Court Repeals Texas Sodomy Law

Postby Nyufrost » Thu Jun 26, 2003 10:04 pm

(AP) - The Supreme Court struck down a ban on gay sex Thursday, ruling that the law was an unconstitutional violation of privacy. The 6-3 ruling reverses course from a ruling 17 years ago that states could punish homosexuals for what such laws historically called deviant sex. Laws forbidding homosexual sex, once universal, now are rare. Those on the books are rarely enforced but underpin other kinds of discrimination, lawyers for two Texas men had argued to the court.

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I am personally rather annoyed by this for a couple of reasons.

1. Law enforcement officers are not beating down the doors of gay men and arresting them in the middle of having anal sex nor are they walking up to them in public and saying "hey .. you're gay so you must be guilty of sodomy!"

2. Abolishing sodomy laws is actually detrimental to woman (and men) whose partners forcibly sodomize them and it is detrimental to rape victims who are sodomized. It sort of says that these people and their rights don't matter as long as the gay community is happy which is not cool, IMO.

A few years ago, one of my cousins was brutally raped by three men who did countless unspeakable sexual acts to her in addition to knocking out all her teeth and crushing all the bones in her face so that she had to have reconstructive plastic surgery not to mention counseling. They weren't able to convict them of rape or abduction for whatever reason so they finally were able to convict them on sodomy charges.

So, it makes me sick to think that these creeps would have gone completely unpunished if not for the sodomy laws that are now being repealed. :\

I don't think consentual sodomy should be a crime but I do think it should definitely still be a crime to do it to someone who doesn't want it done to them. It seems lawmakers --and others-- have blurred it into being called "gay sex" when that is not always the case and therefore, banning laws related to it violates the rights of others who are also affected by it.
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Postby TerraFrost » Thu Jun 26, 2003 11:02 pm

1. Law enforcement officers are not beating down the doors of gay men and arresting them in the middle of having anal sex nor are they walking up to them in public and saying "hey .. you're gay so you must be guilty of sodomy!"


the point of the ruling is that they shouldn't have even been *allowed* to do that.

2. Abolishing sodomy laws is actually detrimental to woman (and men) whose partners forcibly sodomize them and it is detrimental to rape victims who are sodomized. It sort of says that these people and their rights don't matter as long as the gay community is happy which is not cool, IMO.


rape victims already have laws specifically for them that say that rape is illegal. it seems to me that keeping anti-sodomy laws would be rape victim community doing the same thing to the gay community that you accuse the gay community of doing to them.

A few years ago, one of my cousins was brutally raped by three men who did countless unspeakable sexual acts to her in addition to knocking out all her teeth and crushing all the bones in her face so that she had to have reconstructive plastic surgery not to mention counseling. They weren't able to convict them of rape or abduction for whatever reason so they finally were able to convict them on sodomy charges.

So, it makes me sick to think that these creeps would have gone completely unpunished if not for the sodomy laws that are now being repealed.


i see them not being charged on kidnapping and rape as a failure of the system, actually - a rather big failure. it's kinda like the OJ Simpson case - if OJ was guilt he *should* have been convicted for the murder in a criminal - he should never have *had* to be convicted in a civil court.

further, i see anti-sodomy laws as another failure, although of a different kind. two wrongs don't make a right. further, it's wrong to hold the gay community responsible for the rapist part of the population...

also, there were other alternatives other then sodomy - assualt and battery, for example. and if not that, then couldn't they just appeal?

I don't think consentual sodomy should be a crime but I do think it should definitely still be a crime to do it to someone who doesn't want it done to them. It seems lawmakers --and others-- have blurred it into being called "gay sex" when that is not always the case and therefore, banning laws related to it violates the rights of others who are also affected by it.


likewise, it's not always the case that it's going to be rape, either. i mean, if you want to outlaw rape, outlaw rape. don't beat around the bush and outlaw something completly unrelated. further, gay people and rapists aren't the only people who commits acts of sodomy - heterosexual couples do it, too - and they do it consensually.

keeping sodomy laws because rape victims can use them is like making laws that ban sex, just so rape victims can use them, too. that's caving into the rape victims just as much as you accuse law makers of caving into the rights of gay people.

further,
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Postby Nyufrost » Thu Jun 26, 2003 11:11 pm

Any law which favors one segment of the population over another is biased and should be repealed. They can repeal the part that may pertain to consenting homosexuals without taking away rights of others.

I am saying forced sodomy (gay or straight) should be a crime and I thought I was pretty clear about saying that I did not think "gay sex sodomy" should be considered a crime. Further, I did not even hint that homosexuals are accountable for the crimes of rapists* so I don't know where that came from and I don't really see a reason to get ruffled.

*EDIT: Tho, that is not to say that no homosexuals are ever rapists because there have indeed been such cases.
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Postby TerraFrost » Thu Jun 26, 2003 11:19 pm

what wasn't clear was what you addressed in the first paragraph...

if it came between sodomy laws or no sodomy laws, i don't think they should be there. if there were other options, such as making existing sodomy laws work only for unconsensual sodmoy, then... yeah... i don't know why they did that. although... can they do that?
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Postby Nyufrost » Thu Jun 26, 2003 11:50 pm

Of course. I mean, sex is not illegal yet rape is, even though it is the same act only carried out in a violent or unwanted way. For example, date rape may not be violent but it is considered unwanted and therefore illegal.
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Postby Neerowolf » Fri Jun 27, 2003 12:10 am

Rape is horrible. I agree with terra though. i think he has a good point

rape victims already have laws specifically for them that say that rape is illegal. it seems to me that keeping anti-sodomy laws would be rape victim community doing the same thing to the gay community that you accuse the gay community of doing to them.


Its true, but i still feel sorry for your cousin...

btw, I'm not gay, just so people will know, not that i'm against gays, either
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