|VOL. 5, NO. 8||July 18, 2003|
|Sodomy, Survival, and the Supremes: Lawrence v. Texas|
Virginia C. Armstrong, Ph.D., National Chairman, Court Watch
I have taught college students for most of my life. If any of my graduating seniors had written a paper as poor as the U. S. Supreme Court's recent opinion invalidating the Texas sodomy law (as well as similar laws in 12 other states) in Lawrence v. Texas, that student would have received a grade of "F" only because there is no lower grade available. Along with Roe v. Wade (which legalized abortion in 1973), Lawrence is surely the worst decision the Supremes have ever madethe two cases indeed deserving Rick Scarborough's description of them as the "twin sisters of Hell."
The horror of both Roe and Lawrence lies in their results as well as their "reasoning" (opinions). As to their results, these cases, more than any other two cases in American history, call into question the ability of America's culture and constitutional system to survive. As to their reasoning (a charitable description of the Court's opinions in both cases), they fail every legitimate standard of constitutional decision-making. Only a small portion of the egregious errors in the Lawrence majority's position can be enumerated here.
The Lawrence court also argues the hackneyed oxymoron that "Our obligation is . . . not to mandate our own moral code." But the entire decision reeks with the message that homosexual conduct is, at the least, acceptable and that the Texas law is "bad" a "moral judgment," if there ever was one.
TRANSLATION: "What we [the Courtor five members thereof] think, not what the Constitution says, governs. And we say, "forget millennia of judeo-Christian values, 600 years of English Common Law history, and all of American history because we want to create a constitutional right to sodomy.
Opines the Court majority, "The sweeping references [in Bowers] to the history of Western civilization and to Judeo-Christian moral and ethical standards [opposing sodomy] did not take account of other authorities pointing in an opposite direction." TRANSLATION: "Other authorities" are non-American sources, whose inclusion in Lawrence is an unprecedented and frightening intrusion of globalism into the American constitutional system. These global "authorities" include the highly controversial 1957 Wolfenden Report published in England, and a decision made in the early 1980s by the European Court of Human Rights. The "Universal Declaration of Human Rights" promulgated by the United Nations in 1948 also specifically guarantees persons against "arbitrary interference with his privacy" (Article 12).
The gay community exulted over Lawrence, seeing it as a landmark blow for unbridled licentiousness in America. Gay attorney Paul M. Smith, who argued to the Court on behalf of the homosexuals and the Lambda Legal Defense fund, declared "This is a new day for gay Americans." And Baltimore gay rights leader Anthony McCarthy eagerly described Lawrence as "probably the most significant civil rights case handed down in my lifetime" (McCarthy is 35).
But moral America's position is aptly described by the Supreme Court's wordmeister, Antonin Scalia, who foresees "a massive disruption of the current social order." This disruption results from "a Court, which is the product of a law-profession culture that has largely signed on to the so-called homosexual agenda." Clearly, "the Court has taken sides in the culture war" and is "seemingly unaware that the attitudes of that [law profession] culture are not obviously 'mainstream.'"
YOU CAN HELP!
Be Educated: Learn more about what NBC, ABC, CBS, and CNN haven't told you about the sodomy issue:
Be Involved: Contact your U. S. Senators immedialy and urge their prompt ratification of Alabama Attorney-General Bill Pryor to the Eleventh Circuit Court of Appeals. Pryor is a pro-life Catholic who wrote a brief supporting Texas in Lawrence and who supports Alabama Chief Justice Roy Moore's placement of the Ten Commandments monument in the rotunda of Alabama's State Judicial Building. The following Senators are in special need of your encouragement: GOP: Susan Collins and Olympia Snowe (ME), and Lincoln Chafee (RI); and DEMS: John Breaux and Mary Landrieu (LA), Mark Pryor and Blanche Lincoln (AR), and Ben Nelson (NE).