Last edited: February 06, 2005

Texas Sodomy Law Overturned—A Tragedy for America

Falwell Confidential, June 26, 2003

By Jerry Falwell

In a stunning reversal from its 1986 decision upholding the rights of states to enact anti-sodomy laws, the Supreme Court, by a 6-3 vote, ruled to overturn a Texas law that banned same-sex sodomy, saying that it violated a right to privacy.

Justice Anthony Kennedy wrote the opinion for the majority, citing a “right to privacy” in his decision. Joining him in the decision were Justices John Paul Stevens, David Souter, Ruth Bader Ginsburg and Stephen Breyer. Justice Sandra Day O’Connor agreed with the ruling, but differed in the rationale for her decision. (Sadly, four of the six Justices voting for the majority ... O’Connor, Souter, Kennedy and Stevens ... were appointed by Republican presidents.)

Dissenting were Chief Justice William H. Rehnquist and Justices Antonin Scalia and Clarence Thomas.

Justice Scalia, who chose to read his dissent aloud from the bench, said that the Court “has largely signed on to the so-called homosexual agenda.”

“The court has taken sides in the culture war,” Scalia said. He further noted that this ruling would invite laws allowing same-sex marriage.

“This reasoning leaves on shaky, pretty shaky grounds, state laws limiting marriage to opposite-sex couples,” Scalia wrote.

Mathew Staver, President and General Counsel of Liberty Counsel called the decision a “wakeup call” to the majority of Americans who believe in traditional marriage.

“The goal of the radical homosexual agenda is to eliminate any and all laws regulating consensual sexual conduct,” Staver said. “This would mean the elimination of laws banning polygamy as well as those that ban sex between adults and minors.”

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