laurell3
Posts: 6577
Joined: 5/5/2005 Status: offline
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quote:
ORIGINAL: Faramir quote:
ORIGINAL: laurell3 Are you citing a state court decision about a heterosexual relationship that only applies to a limited employment practice as some basis for suggesting homosexuality somehow applies? Lawyers and judges cite cases all the time, that doesn't make any precedence whatsoever and certainly not national precedence. The Lawerence decision if read in its entirety makes it very clear the Supremes are steering clear of the homosexuality issue. Hell when does this current Court ever not avoid ongoing debates? Edited to add: while this debate is interesting, it has nothing to do with the OP's questions, so let's let it rest, shall we? It's at the heart of the OP's question--that's why I'm talking about it. The question is whether homosexuality is more socially oprobrious than BDSM--who is further in the closet? My claim is that homosexuality is much more accpetable than BDSM intimacy, because (homo)sexuality is still sexuality--BDSM, in the SM and BD parts, is not merely or solely sexual/inimate in the way our society defines such. Much of what we do is explicitly illegal, and other parts implicitly illegal, because they are prima facie indistinguishable from violence--the consent which we see as the grounds for seeing this conduct as acceptable, relational and ethical is generally not recognized. Homosexuality however, is implicitly protected conduct because of he 14th amendment. You are right that the decision is not about homosexuality--you are clearly a better critical thinker than our "anal sex" friend who confuses a complaint with an opinion. the decision is about how far the state can intrude in private lives, and extends the penumbra of rights we enjoy. Because of this, whether there is a law or not saying "You can't fire anyone for sucking dick" or "You can't fire someone for shacking up with someone," the fact is, outside the one exception of the US military, in America, you can't fire someone for sucking dick, or liking the same sex, or shacking up with someone else. The Hobbs vs Pender decision doesn't set a precedent--it recognizes the Garner precednet. See, the SCOTUS makes a decision, like "Laws about private sexual matters like sodomy violate the 14th amendment," and then lower courts like the state court, go "Oh, so that sets a precedent I apply here." Homosexuality, outside of military service, can't be the locus of state action, and so what our brilliant, "I'LL GO WITH WHAT DER LAW PERFERFESSOR WROTE!"said is intensely, mind-numbingly wrong. We have more work to do in homosexual rights, but the Garner decision made a huge stride forward for all people, gay, straight and in between, by taking the state out of the bedroom. You can't be fired for having hot, man on man sex. But you can be arrested, fired and put in jail for tying up and whipping your leather boi. Actually dc's comments were correct and stated politely as usual. You will find many of mine on this forum are not. I am the one that has something to learn from dc, as do you as your personal slams on dc were clearly innapropriate as was the "anal sex" comment. Actually the law was rather clear on privacy before Hardwick, it just seemed to make some exception where sensabilities were offended, you know...conservative bullshit made bad caselaw. So in essence I guess the Lawerence decision may be some headway for homosexuality in that it actually said no this is and has always been the law and Hardwick was wrong. However, as I stated before, Lawerence is not really about homosexuality and the court makes it very clear they are not going there at all. Then again, homosexuality, gay marriage, abortion...when does the court ever actually attempt to do anything other than run from these issues? Given the current makeup of the Supremes, I'm fairly certain we don't want them to decide it anyway as it would be some unworkable conservative compromise.
< Message edited by laurell3 -- 11/14/2007 10:09:23 AM >
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I cannot be defined by moments in my life, but must be considered for by the entirety of my existence. When you fail to consider that I am the best judge for what is right for me, all of your opinions become suspect to me.
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