# Supreme Court strikes down gay sex ban **URL:** \ **Category:** Miscellaneous and Personal Stuff I Must Share\ **Created:** [June 26, 2003, 2:58pm UTC](https://boards.straightdope.com/t/supreme-court-strikes-down-gay-sex-ban/184520 "2003-06-26T14:58:26Z")\ **Posts on this page:** 20\ **Page:** 1
**Author:** ![ivylass](https://avatars.discourse-cdn.com/v4/letter/i/9de053/32.png) [@ivylass](https://boards.straightdope.com/u/ivylass)\ **Post date:** [June 26, 2003, 2:58pm UTC](https://boards.straightdope.com/t/supreme-court-strikes-down-gay-sex-ban/184520/1 "2003-06-26T14:58:26Z")
[http://www.washingtonpost.com/wp-dyn/articles/A35196-2003Jun26.html](http://www.washingtonpost.com/wp-dyn/articles/A35196-2003Jun26.html) I knew all our gays were worried. 😉 A right decision. What two adults do in the privacy of their home, as long as it hurts no one, should not be the government’s business. ---
**Author:** ![Otto](https://avatars.discourse-cdn.com/v4/letter/o/bbe5ce/32.png) [@Otto](https://boards.straightdope.com/u/Otto)\ **Post date:** [June 26, 2003, 3:03pm UTC](https://boards.straightdope.com/t/supreme-court-strikes-down-gay-sex-ban/184520/2 "2003-06-26T15:03:55Z")
Here’s another [link](http://www.salon.com/news/wire/2003/06/26/sodomy/index.html). This is huge. This is enormous. I haven’t read the decision yet but it looks like the horrifying and disgusting Bowers v Hardwick has been overturned and that SCOTUS has ruled that homosexuals have the right to privacy. Bowers has been cited in almost every anti-gay court ruling issued since it was handed down in 1986. Sodomy laws have been used as an excuse for everything from denying gay people employment to stripping gay parents of their children. No longer. No longer are we “unindicted criminals” because of who we love and how we have sex. There have been very few times in recent years when I have felt like a full citizen of this nation. Once was when the Court struck down Colorado’s anti-gay Amendment 2. Another was when the vermont supreme court declared that denying marital rights to same-sex couples was illegal. And I feel it again today. I am looking forward to reading the decision and to the legal and social changes it portends. ---
**Author:** ![NotWithoutRage](https://avatars.discourse-cdn.com/v4/letter/n/22d042/32.png) [@NotWithoutRage](https://boards.straightdope.com/u/NotWithoutRage)\ **Post date:** [June 26, 2003, 3:05pm UTC](https://boards.straightdope.com/t/supreme-court-strikes-down-gay-sex-ban/184520/3 "2003-06-26T15:05:37Z")
Can someone post the decision when it goes up? I love that Scalia read his dissent from the bench. What a landmark day for gay rights! ---
**Author:** ![ivylass](https://avatars.discourse-cdn.com/v4/letter/i/9de053/32.png) [@ivylass](https://boards.straightdope.com/u/ivylass)\ **Post date:** [June 26, 2003, 3:05pm UTC](https://boards.straightdope.com/t/supreme-court-strikes-down-gay-sex-ban/184520/4 "2003-06-26T15:05:52Z")
Is it condescending for a straight married woman to say “Congratulations?” This was a bad law. I’m glad it’s gone. ---
**Author:** ![Jonathan\_Chance](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/jonathan_chance/32/701_2.png) [@Jonathan\_Chance](https://boards.straightdope.com/u/Jonathan_Chance)\ **Post date:** [June 26, 2003, 3:08pm UTC](https://boards.straightdope.com/t/supreme-court-strikes-down-gay-sex-ban/184520/5 "2003-06-26T15:08:04Z")
One more blow for freedom. ---
**Author:** ![Zebra](https://avatars.discourse-cdn.com/v4/letter/z/c0e974/32.png) [@Zebra](https://boards.straightdope.com/u/Zebra)\ **Post date:** [June 26, 2003, 3:27pm UTC](https://boards.straightdope.com/t/supreme-court-strikes-down-gay-sex-ban/184520/6 "2003-06-26T15:27:39Z")
From[the NY Times article.](http://www.nytimes.com/2003/06/26/politics/26WIRE-SODO.html) (registration required) > [@](#): > > Of the 13 states with sodomy laws, four – Texas, Kansas, Oklahoma and Missouri – prohibit oral and anal sex between same-sex couples. The other nine ban consensual sodomy for everyone: Alabama, Florida, Idaho, Louisiana, Mississippi, North Carolina, South Carolina, Utah and Virginia. > > Thursday’s ruling apparently invalidates those laws as well. So I won’t be breaking the law next time I go to DisneyWorld? Whoo Hooo. ---
**Author:** ![NotWithoutRage](https://avatars.discourse-cdn.com/v4/letter/n/22d042/32.png) [@NotWithoutRage](https://boards.straightdope.com/u/NotWithoutRage)\ **Post date:** [June 26, 2003, 3:37pm UTC](https://boards.straightdope.com/t/supreme-court-strikes-down-gay-sex-ban/184520/7 "2003-06-26T15:37:48Z")
Kennedy: “Bowers was not correct when it was decided, and it is not correct today. It ought not to remain binding precedent. Bowers v. Hardwick should be and now is overruled.” ---
**Author:** ![cher3](https://avatars.discourse-cdn.com/v4/letter/c/da6949/32.png) [@cher3](https://boards.straightdope.com/u/cher3)\ **Post date:** [June 26, 2003, 3:51pm UTC](https://boards.straightdope.com/t/supreme-court-strikes-down-gay-sex-ban/184520/8 "2003-06-26T15:51:55Z")
This is great, but does anyone find it as depressing as I do that a representative of the highest court in the land used the phrase “homosexual agenda” in dead earnest? ---
**Author:** ![ultrafilter](https://avatars.discourse-cdn.com/v4/letter/u/3d9bf3/32.png) [@ultrafilter](https://boards.straightdope.com/u/ultrafilter)\ **Post date:** [June 26, 2003, 4:01pm UTC](https://boards.straightdope.com/t/supreme-court-strikes-down-gay-sex-ban/184520/9 "2003-06-26T16:01:18Z")
Personally, I’m really surprised that they struck it down on a privacy basis. Based on what I read on these boards, I was pretty sure that they’d strike it down as a 14th amendment violation, but this opens the door to strike down a lot of other sodomy laws, doesn’t it? ---
**Author:** ![El\_Elvis\_Rojo](https://avatars.discourse-cdn.com/v4/letter/e/898d66/32.png) [@El\_Elvis\_Rojo](https://boards.straightdope.com/u/El_Elvis_Rojo)\ **Post date:** [June 26, 2003, 4:04pm UTC](https://boards.straightdope.com/t/supreme-court-strikes-down-gay-sex-ban/184520/10 "2003-06-26T16:04:48Z")
> [@](#): > > \*Originally posted by ivylass \* > \*\*Is it condescending for a straight married woman to say “Congratulations?” > > This was a bad law. I’m glad it’s gone. \*\* I don’t think it’s condescending at all. As a straight male, I agree wholeheartedly with you that this law was a stupid display of ignorant fear, and I’m happy as hell it was thrown out. ---
**Author:** ![Polycarp](https://avatars.discourse-cdn.com/v4/letter/p/82dd89/32.png) [@Polycarp](https://boards.straightdope.com/u/Polycarp)\ **Post date:** [June 26, 2003, 4:07pm UTC](https://boards.straightdope.com/t/supreme-court-strikes-down-gay-sex-ban/184520/11 "2003-06-26T16:07:51Z")
> [@](#): > > \*Originally posted by ultrafilter \* > \*\*Personally, I’m really surprised that they struck it down on a privacy basis. Based on what I read on these boards, I was pretty sure that they’d strike it down as a 14th amendment violation, but this opens the door to strike down a lot of other sodomy laws, doesn’t it? \*\* From past situations where SCotUS has struck down a law, the effect is that every other state will cease to enforce its same/similar law. E.g., _Roe v. Wade_ technically outlawed only the Texas abortion-prohibition law, but it was held to have made unconstitutional any law that completely prohibited abortions or failed to meet the _Roe_ criteria. So all 19 surviving sodomy laws are now defunct, because any case brought on the basis of them will immediately be challenged on the basis of _Lawrence_. ---
**Author:** ![Otto](https://avatars.discourse-cdn.com/v4/letter/o/bbe5ce/32.png) [@Otto](https://boards.straightdope.com/u/Otto)\ **Post date:** [June 26, 2003, 4:12pm UTC](https://boards.straightdope.com/t/supreme-court-strikes-down-gay-sex-ban/184520/12 "2003-06-26T16:12:13Z")
[The decision (pdf)](http://news.findlaw.com/hdocs/docs/scotus/lwrnctx62603opn.pdf) ---
**Author:** ![WhiteyFoo](https://avatars.discourse-cdn.com/v4/letter/w/3e96dc/32.png) [@WhiteyFoo](https://boards.straightdope.com/u/WhiteyFoo)\ **Post date:** [June 26, 2003, 4:14pm UTC](https://boards.straightdope.com/t/supreme-court-strikes-down-gay-sex-ban/184520/13 "2003-06-26T16:14:21Z")
But this will lead to the downfall of society!!! And it will lead to “Gay” marriages. Which is an affront to The Church. And an affront to The Church is an affront on GOD. Which means that if you live in Texas you are now going to Hell in a hand basket. Filled with deviled eggs and deviled ham sandwiches. And devils food cake. Oh the humanity!!! Excuse me while I lock my self in my underground “gay” proof bunker (extra large closets) with all of my other straight WASP male friends where we will proceed to get sweaty and…nevermind. I’m afraid I’ll catch “The Gay” if I stay out here much longer. Aggghhh!!! * * * Please note the above message is not a reflection of either my, or anyone else I know’s opinions, and is merely a poke at the “Religious Right” or whatever they are calling themselves today. Sodomy for everyone!!! * * * ---
**Author:** ![urban1a](https://avatars.discourse-cdn.com/v4/letter/u/e47c2d/32.png) [@urban1a](https://boards.straightdope.com/u/urban1a)\ **Post date:** [June 26, 2003, 4:15pm UTC](https://boards.straightdope.com/t/supreme-court-strikes-down-gay-sex-ban/184520/14 "2003-06-26T16:15:15Z")
> [@](#): > > \*Originally posted by cher3 \* > \*\*This is great, but does anyone find it as depressing as I do that a representative of the highest court in the land used the phrase **“homosexual agenda”** in dead earnest? \*\* I never received my copy. Anyone have an address where I can write and get one? 😃 ---
**Author:** ![urban1a](https://avatars.discourse-cdn.com/v4/letter/u/e47c2d/32.png) [@urban1a](https://boards.straightdope.com/u/urban1a)\ **Post date:** [June 26, 2003, 4:16pm UTC](https://boards.straightdope.com/t/supreme-court-strikes-down-gay-sex-ban/184520/15 "2003-06-26T16:16:50Z")
Of the ‘Homosexual Agenda’ of course. Bob ---
**Author:** ![Gyrate](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/gyrate/32/3588_2.png) [@Gyrate](https://boards.straightdope.com/u/Gyrate)\ **Post date:** [June 26, 2003, 4:25pm UTC](https://boards.straightdope.com/t/supreme-court-strikes-down-gay-sex-ban/184520/16 "2003-06-26T16:25:46Z")
The Homosexual Agenda 1. Minutes of the last meeting 2. Parade Planning 3. Fabulosity Targets for 1st Quarter 2004 4. Overthrow of Western Civilization, Molestation of Youth and Corruption of Decent, God-fearing People 5. Any Other Business ---
**Author:** ![Marley23](https://avatars.discourse-cdn.com/v4/letter/m/45deac/32.png) [@Marley23](https://boards.straightdope.com/u/Marley23)\ **Post date:** [June 26, 2003, 4:28pm UTC](https://boards.straightdope.com/t/supreme-court-strikes-down-gay-sex-ban/184520/17 "2003-06-26T16:28:38Z")
Since it’s been ruled (;)) un-condescending by **El Elvis Rojo** , my sincerest congratulations. 🙂 Hurrah for letting people screw in peace! Hopefully we’ll get that marriage thing taken care of next. 😉 ---
**Author:** ![Fin\_man](https://avatars.discourse-cdn.com/v4/letter/f/51bf81/32.png) [@Fin\_man](https://boards.straightdope.com/u/Fin_man)\ **Post date:** [June 26, 2003, 4:30pm UTC](https://boards.straightdope.com/t/supreme-court-strikes-down-gay-sex-ban/184520/18 "2003-06-26T16:30:57Z")
> [@](#): > > \*Originally posted by Otto \* > \*\*[The decision (pdf)](http://news.findlaw.com/hdocs/docs/scotus/lwrnctx62603opn.pdf) \*\* Ok, I’m not a lawyer and I am only skimming the decision but what does a homosexualy sodomy case have to do with abortion? In the decision, the dessenting opinion says when talking about overruling the original law/case - “what a massive disruption of the current social order, therefore, the overruling of Bowers entails. Not so the overruling of Roe, which would simply have restored the regime that existed for centuries before 1973, in which the permissibility of and restrictions upon abortion were determined legislatively State-by-State.” Oh joy oh joy. ---
**Author:** ![Eve](https://avatars.discourse-cdn.com/v4/letter/e/9e8a1a/32.png) [@Eve](https://boards.straightdope.com/u/Eve)\ **Post date:** [June 26, 2003, 4:31pm UTC](https://boards.straightdope.com/t/supreme-court-strikes-down-gay-sex-ban/184520/19 "2003-06-26T16:31:16Z")
Oh, stop bragging, **Otto**. ---
**Author:** ![DeVena](https://avatars.discourse-cdn.com/v4/letter/d/dec6dc/32.png) [@DeVena](https://boards.straightdope.com/u/DeVena)\ **Post date:** [June 26, 2003, 4:46pm UTC](https://boards.straightdope.com/t/supreme-court-strikes-down-gay-sex-ban/184520/20 "2003-06-26T16:46:19Z")
## quote: Of the 13 states with sodomy laws, four – Texas, Kansas, Oklahoma and Missouri – prohibit oral and anal sex between same-sex couples. The other nine ban consensual sodomy for everyone: Alabama, Florida, Idaho, Louisiana, Mississippi, North Carolina, South Carolina, Utah and Virginia. Thursday’s ruling apparently invalidates those laws as well. * * * So will this overthrow the Alabama sodomy laws as well? Because I cannot count the number of times we’ve broken that law in the Vena home. Hmmm That was TMI wasn’t it? : blushingly scurries out of the thread : [Next page](https://boards.straightdope.com/t/supreme-court-strikes-down-gay-sex-ban/184520.md?page=2)