Wednesday, July 2, 2003

Archaic sodomy law is now gone with the wind

By JOHN THOMPSON
jthompson@TheCitizenNews.com

Nearly 40 years ago, Bob Dylan wrote about the changing times. Well, Thursday's ruling by the U.S. Supreme Court that overturned sodomy laws proves that our society constantly moves forward.

The case involved two Texas men who were hauled off to jail for having sex. Writing for the majority, Justice Anthony Kennedy nailed the issue succinctly.

"Liberty protects the person from unwarranted government intrusions into a dwelling or other private places," Kennedy said.

The ruling voids sodomy laws in 13 states. Not only is this a victory for gay people, it's also a victory for heterosexuals in the nine states where the laws governed their behavior.

As I was driving through Fayetteville Thursday, I was wondering why cars weren't honking their horns in celebration of the ruling.

After all, this is a hotbed of conservative thought, and this ruling helps get government off our backs, literally.

Conservatives want less government, and the Supreme Court delivered a victory for them last week.

In Kennedy's majority opinion, he also dealt with the moral aspect of the controversial ruling.

"The issue is whether the majority may use the power of the state to enforce these views on the whole society through operation of the criminal law. 'Our obligation is to define the liberty of all, not to mandate our own moral code.' (Planned Parenthood of Southeastern Pa. vs. Casey, 1992.)

Justices Antonin Scalia, along with Chief Justice William Rehnquist and Justice Clarence Thomas sided with the minority. In an unusual move, Scalia read from the dissenting opinion from the bench. Scalia said the ruling fit with "the homosexual agenda."

I checked local bookstores and nobody had a copy of this agenda. I've searched the Web, and still can't find it. Maybe it's hiding somewhere or Vincent Foster took it to the grave with him.

Even more chilling is Scalia's assertion that the Constitution does not assert a right to privacy. Huh?

I'm sure many residents thought they could operate some areas of their lives without Big Brother watching over us, but Scalia disagrees.

It will probably take years to realize the full extent of Thursday's ruling, but one thing is clear; the government has no business in our bedrooms.

In Scarlett O'Hara's hometown of Atlanta Thursday, gay rights proponents took to the streets and hailed the ruling as a victory for equal rights.

Scarlett was right. Tomorrow is another day, and the wheels of progress keep moving.