Scrat wrote:And--despite what some misguided Republicans may think, the only problem I see with the USSC decision on the TX sodomy law is that the USSC agreed to hear the case at all. The USSC should have stayed the hell out of it, since the Constitution is mute on the issue.
It always mystifies me that people seem to think that the Supremes act as some pontifical college, decreeing law by fiat from on High. Liberal or Conservative, when a majority opinion of the court gores someone's particular ox, they decry the action as though it had occurred in some legalistic void.
"The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized." -- Fourth Amendment to the United States Constitution.
"All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws." -- Section 1, Fourteenth Amendment to the United States Constitution.
Basically stated, applying the Fourth Amendment says keep yer nose outta my bedroom, and applying the Fourteenth Amendment says that if yer gonna let married couples "rump-wrestle," ya gotta let ever body do it. You'd have had a stronger case to make by objecting to the Supremes striking down Georgia's sodomy law, which prohibited sodomy without reference to "sexual orientation"--although your argument against the Court's action would still be very weak indeed, in view of the "right of the people to be secure in their persons, houses, papers, and effects . . . "