Last edited: February 06, 2005

Supreme Court Considers Texas Sodomy Law

Focus 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 implications.

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 legal precedent.

“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 incest.”

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 media.”

Kelly Shackelford, executive director of the Liberty Legal Institute, said he does not think the Court will hand gay activists a grand slam.

“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 activity.

“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 will.

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