Tags: Texas | Sodomy | Law | Ruling | Tragedy | for | America

Texas Sodomy Law Ruling a Tragedy for America

Thursday, 26 June 2003 12:00 AM

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 "wake-up 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."

As recently as 1960, every state had an anti-sodomy law on the books. Today only 13 states, including Texas, Kansas, Oklahoma, Missouri, Alabama, Florida, Idaho, Louisiana, Mississippi, North Carolina, South Carolina, Utah and Virginia have laws prohibiting sodomy.

On Monday, the High Court reversed a lower court decision and ruled that public libraries may use filtering software to protect children from pornography on the Internet.

The reversal overturned a decision by the District Court of the Eastern District of Pennsylvania that had declared the Children's Internet Protection Act (CIPA) unconstitutional.

CIPA became law in 2000 in response to complaints that library patrons, including children, were visiting pornographic Web sites. Other patrons were leaving pornographic images displayed on Internet display terminals or printing out pornography on library printers.

In response, Congress passed CIPA, requiring that any public library that received federal funds install Internet filtering software on its computers.

Legal challenges to CIPA were quickly mounted by an assorted group of liberal groups including the American Library Association, the American Civil Liberties Association and Web site publishers.

The Supreme Court ruling in this case, ALA v. United States, is a tremendous victory for families, especially those with young children. It requires the more than 19,000 public libraries that receive federal aid to block pornography from being accessed on library computers.

Opponents of CIPA said that since a library is a public forum, the law amounted to censorship of First Amendment rights. But writing for the majority, Chief Justice William Rehnquist said a library exists to facilitate research and learning.

"A public library does not acquire Internet terminals in order to create a pubic forum for Web publishers to express themselves, any more than it collects books in order to provide a public forum for the authors of books to speak."

I agree with Jay Sekulow, chief counsel for the American Center for Law and Justice, who called the decision "a major victory representing a breakthrough on regulating Internet pornography."

At this time, our Liberty Alliance lobbying organization is working with Sen. Charles Schumer, D-N.Y., in enacting legislation that will further stop the spread of pornography through restriction of the millions of unsolicited e-mails (spam) that are being sent to homes and offices every day.

If you are interested in protecting your children (or grandchildren) from the dangers that exist on the Internet, including pornography and sexual predators, I offer two tremendous resources for you:

1) Visit the Web site for Operation Blue Ridge Thunder (http://www.blueridgethunder.com ), established by Bedford County, Va., Sheriff Mike Brown as an Internet "cyber patrol" to provide protection to children from Internet crime.

2) Visit my personal Web site (http://www.falwell.com) to order our 60-minute VHS videotape, "Children in the Web: Protecting Your Child from Predators and Pornography on the Internet." On this video you will hear real-life stories about children who have been stalked, learn about task forces that work behind the scenes and discover what you as a parent can do to protect your child from cyber predators.

Because of the immediate danger that children face over the Internet, for a limited time we have drastically reduced the cost of this educational video to just $4.95 plus postage.

This week the Supreme Court sent mixed signals to a confused public. James 1:8 says, "A double-minded man is unstable in all his ways." I would say that this biblical principle applies to governments as well.

These two rulings soberly illustrate the importance of the pending judicial nominations currently being held hostage in the U.S. Senate by a Democratic filibuster. It also should raise our concern over the likelihood of Supreme Court nominations that will be required of President Bush during the remaining months of his first term.

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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...
Thursday, 26 June 2003 12:00 AM
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