From: johnny moral (johnnymoral@hotmail.com)
Date: Mon Jul 07 2003 - 18:29:42 BST
Hi Rick,
>R
>I'm not trying to convince you otherwise. I'm trying to convince you that
>the founders did recognize the constitutionality of sodomy laws, but only
>when enforced in cases of non-consent (that's the "good purpose" which you
>alluded to). Enforcing them against private, consensual conduct would have
>been virtually unheard of to them and so those laws *cannot be used to
>argue
>that the framers would have approved of such enforcements*. If you have
>any
>EVIDENCE that shows otherwise, I would be happy to hear it. But please
>don't just make up your own facts to respond with this time.
Why didn't they make non-consensual sodomy a crime then? They don't use
fornication statutes to prosecute rape, they have a seperate law for
non-consensual intercourse called rape. The justices are implying the
Framers were idiots who couldn't make a law that addressed the issue they
were trying to address.
I thought a million acts of sodomy thwarted per year was too small an
estimate too (and thought it was obvious I was making a number up, to
counter the courts implication that it doesn't happen at all*), but I agree
we don't know the number, we don't know how many crimes are thwarted by
people realizing that it is wrong, as opposed to thinking they might get
caught.
*and what does the Court mean by "substantial"? They say a substantial
number of the prosecutions were for non-consentual sexual assault (like Kobe
was just charged with). I bet that a substantial number were for consentual
sodomy also, especially if you take into account how hard it is to find out
about them.
Johnny
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