Last edited: February 06, 2005


On Tolerance and Privacy

Chicago Tribune, April 26, 2003
435 N. Michigan Avenue, Chicago, IL 60611
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Editorial

Republican Sen. Rick Santorum of Pennsylvania recently spoke his mind on the hotly debated issue of whether sexual behavior should be protected by the Constitution as a privacy right. Now, leading activists for gay rights are demanding that Santorum be removed from the chairmanship of the Senate Republican Conference, much as Republican Sen. Trent Lott was forced out as Senate majority leader last winter after he made racially insensitive comments.

In Lott’s case, Republican leaders recognized that his expression of a certain wistful longing for the days of southern segregation were extraordinarily damaging to the GOP. Santorum, though, has so far enjoyed the protection, or at least the silence, of GOP leaders.

Santorum had his say on a case before the Supreme Court involving the constitutionality of a Texas sodomy law. Here is what Santorum said:

“If the Supreme Court says that you have the right to consensual sex within your home, then you have the right to bigamy, you have the right to polygamy, you have the right to incest, you have the right to adultery. You have the right to anything.”

Santorum later attempted to make clear that he was drawing a distinction between sexual orientation and sexual behavior. He has “no problem with homosexuality,” he said, just “homosexual acts.” He noted that the Supreme Court has been divided on the privacy issue, and his own views have been supported in the past by some justices.

Public attitudes are moving toward greater tolerance and respect for the rights of homosexuals, as they should. But the nation remains sharply divided on the matter. So does the Republican Party. While party leaders have welcomed support from the Log Cabin Republicans and other gay rights groups, social conservatives have blindly railed against gays as an affront to “family values.”

Lumping homosexuality with bigamy, polygamy, incest and adultery exposes a certain intolerance on Santorum’s part toward gays. Bigamy, incest and polygamy violate long-established law designed to protect innocent victims, particularly children. By contrast, many states have rescinded laws prohibiting certain sexual acts between consenting adults, recognizing that that is a private matter.

Santorum should not be forced from a party leadership position for holding a position on a matter of law that is clearly open to debate. It was the matter of privacy rights, not a judgment on homosexuality, that was at the crux of his comments.

The best way to change public views on a matter is through open and vigorous debate, not by attempts to silence the opposition.

With that in mind, as Santorum urges others to be tolerant of his views, he should appreciate the desire of others to live their lives without worrying about police breaking down their doors and arresting them for matters that are no one else’s business.


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