January 23, 2005

Remember Lawrence v. Texas?

Remember Lawrence vs. Texas the abysmal case that determined that laws against sodomy were unconstitutional; that the right to privacy trumped any obligation of the state to stop perversion.

Well I have a good news/bad news situation. Okay first the bad news. According to Citizen Link, Second Lt. Ryan W. Davis pleaded guilty to consensual sodomy and conduct unbecoming to an officer in a military court following an April 1997 meeting with a 15 year old boy at a Florida park. Ryan was dismissed from the Air Force, confined for 24 months and ordered to forfeit all pay and allowances.

But since it was consensual, Davis appealed on the basis of the Lawrence decision saying that it—Lawrence—upheld his right to perverse consensual sex. That’s the bad news because that is precisely what I, and others predicted would be the case after the wretched ruling in Texas.

But the good news is, and this is somewhat surprising, though not entirely, the U.S. Supreme Court refused to consider the officer’s appeal without comment. So while it’s good that the conviction stood, it may not necessarily be due to the lack of merits of Davis’ appeal.

Now I’m no lawyer but I do know that a case tried in the military is tried under the Uniform Code of Military Justice, which is substantially different than constitutional law. The Supremes’ refusal to hear the case without comment may be for that reason alone which means the door is not shut for anyone else similarly prosecuted under civil rather than military law.

So our fears may still be warranted, that remains to be seen. But this makes it all the more important to see to it that President Bush’s Supreme Court nominees, whoever they might be, are confirmed.

So when the opportunity arises, remember this as we have two very socially liberal “Republican” Senators who often vote with the democrats on such issues. The makeup of this coming court will do more good or bad, for our country than any elected leader or leaders could ever do!


Post a Comment

<< Home