Last edited: January 02, 2005

Liberty Counsel Argues That Texas Same-Sex Sodomy Statute Should Be Upheld

Liberty Counsel, February 20, 2003
Post Office Box 540774, Orlando, Florida 32854
(407) 875-2100 Telephone, (407) 875-0770 Fax

Contact: Mat Staver

Orlando, FL—Liberty Counsel filed an amicus brief with the United States Supreme Court in Lawrence v. Texas in support of a Texas statute that prohibits same-sex sodomy.

The brief first argues that states have the right to promote marriage as a union between one man and one woman and to regulate conduct, like same-sex sodomy, that erodes the institution of marriage. Although the parties who brought the case are urging the Supreme Court to find a fundamental right to engage in private consensual sexual conduct, prior decisions of the Court establish that a state has the right to regulate conduct it deems harmful and immoral. The statistical evidence clearly demonstrates that those who engage in homosexual conduct are at increased risk for numerous diseases, many of which are at epidemic levels, as compared to heterosexuals. States therefore have a legitimate interest in regulating private consensual same-sex sodomy.

The brief also argues that legalizing sodomy is an incremental step toward the complete abolition of marriage as an institution between one man and one woman. Recent statistics reveal that homosexual groups spend millions of dollars each year in an effort to advance their agenda of completely redefining the family. To accomplish their goal, they intend to “convert” the “average American’s emotions, mind, and will, through a planned psychological attack, in the form of propaganda fed to the nation via the media”. They also are indoctrinating the youth in our schools with the message that homosexuality is as normal and healthy as heterosexuality and even encourage the youth to explore homosexual practices at an early age. One group in Vermont held “safer sex parties” where kids were able to explore their sexuality and practice “safe sex” techniques. The same group also trained kids using hormones to alter gender characteristics in proper needle cleaning techniques. Homosexual groups also are engaged in legislative and judicial battles to obtain the right to marry, to repeal state Defense of Marriage Laws—which give states the right to refuse to recognize same-sex unions from other states, to invalidate laws prohibiting adoption by same-sex couples and ultimately to silence any public or private expression of opposition to the homosexual agenda. The brief points out that granting special rights to homosexuals is particularly inappropriate given recent studies explaining that there is no evidence that a person’s sexual orientation is genetic, and therefore, not changeable. In fact, there is a growing body of literature discussing the “fluid” and “ever-changing” nature of a person’s sexual preference.

Mathew D. Staver, President and General Counsel of Liberty Counsel, commented, the “statistical evidence concerning the medical and social harms resulting from same-sex sexual conduct, together with recent legislative and judicial battles, underscore the long-term, devastating consequences of a decision declaring a fundamental right to engage in same-sex sodomy. The Supreme Court should refuse to elevate homosexual conduct to a constitutionally protected right.”


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