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
liberty@lc.org
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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