Supreme Court Considers Texas Sodomy Law
on the Family, March 27, 2003
By Stuart Shepard, correspondent
SUMMARY: The Supreme Court hears a crucial case that
could impact sodomy laws nationwide.
The U.S. Supreme Court heard arguments yesterday in a
case gay activists hope will establish a constitutional right to homosexual
activity. The challenge to the Texas sodomy law could have far-reaching
Arguing for Texas was Harris County District Attorney
Charles Rosenthal. Arguing against the Texas sodomy law was a homosexual
activist organization, the Lambda Legal Foundation. That group is using the
courts to try to overturn marriage laws nationwide.
First the bad news.
Mike Farris, an attorney who watched the arguments, was
blunt in his assessment of the arguments.
“The state of Texas’ arguments were ill-prepared,”
Farris said. “The first question from a clear friend of our position,
Justice Scalia, (was), ‘I don’t understand your argument at all; what are
you talking about?’”
Farris, who is also president of Patrick Henry College in
Purcellville, Va., hopes the justices will lean heavily on prepared arguments
handed in earlier. Either way, the court’s decision could impact issues from
the definition of marriage to gay adoption.
Alan Sears, president of the Alliance Defense Fund,
shared the assessment that the Texas attorney had done poorly in defending the
law. Sears also said the Court also seemed to ignore centuries of fact and
“Throughout the argument, several justices acted like
they were unaware of the most basic legal precepts,” Sears said. “They
forgot that the states have always had, and continue to have, general police
powers to regulate the ‘health, safety and morals’ of their citizens. That
includes the definition of marriage and limits on their sexual behavior . .
such as the prohibition of sibling marriage, acts of pedophilia, polygamy and
Sears added: “They also forgot that the Constitution
does not make the Supreme Court a ‘super legislature’ to revise each
section of the criminal code not currently in vogue in Hollywood and the
Kelly Shackelford, executive director of the Liberty
Legal Institute, said he does not think the Court will hand gay activists a
“My feeling is that they won’t do that,”
Shackelford said. “But I think very clearly they’re leaning heavily in the
direction of striking down the Texas sodomy law, saying that it discriminates
against same-sex sodomy.”
Jordan Lorence, a vice president at the Alliance Defense
Fund, expects the high court to reaffirm a 1986 case where it ruled there was
no constitutional right to commit sodomy. But he said the decision in this
case may weaken the future ability to write laws that restrict homosexual
“I think it was a sad day for the republic that this
question is even before the court,” Lorence said.
He’s asking you to pray.
“People need to be praying for the Supreme Court to
come to the right decision and not give constitutional protection to
homosexual activity,” Lorence said.
A decision is expected by the end of June.
TAKE ACTION: Please pray for wisdom for the justices of
the U.S. Supreme Court—that the will of the Court might reflect God’s holy
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