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June 27, 2003
A Broad Ruling

Today's ruling about homosexual sodomy may be far broader than even the majority opinion opines. Instead of taking a narrow logic about equal protection and applying it to the law as being unfair discrimination as it only target homosexual relationships instead of both, the decision states a precedent that all persons have a right to be left alone in their private intimate dealings.

Tellingly, the opinion tries to state that this somehow doesn't implicate prostitution, bigamy, consensual incest, or homosexual marriage. However there seems to be no logical difference between those items that are critical to the personal sphere of relationships in the sodomy case and the aforementioned situations. The basis in fact seems to be that no law whose only basis is community morality can stand up to constitutional scrutiny.

I'm at a loss to come up with a rational basis that differentiates homosexual marriage or polygamy. I'm certainly more a supporter of the former and not the latter, but maybe my first impressions of polygamy being somehow unfair to the women involved is applying a moral judgment to a case without a clearly defined state interest.

Also today was a ruling that California couldn't retroactively remove the statute of limitations on certain sex crimes which has interesting implications for the PATRIOT act and its removal of the same limitations on past terrorist incidents.

Always nice to see some freedoms return.

Posted by hoffmang | June 27, 2003 12:36 AM


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