|Reminders of Crystal Nacht...
Court of the United States of America Rules Against Last of the Sodomy
the coming culture war
Well...that's a good thing. There's cause for celebration. Let me jump on the bandwagon and write about this ruling, too. It means that the inalienable "right to privacy" while not directly spelled out in the Constitution is protected. There's a difference between the Constitution giving us rights and protecting our rights. It doesn't grant rights. It can't, and we shouldn't want any system of laws to ever give us rights. That implies important powers no state should ever have: the power to give and take away human rights; it also implies that without such laws or a constitution, we have no a priori rights. This is in direct conflict with what the framers of the Constitution had in mind; namely, that we are endowed with inalienable rights—rights that exist prior to any created state.
The Constitution and the first 10 amendments thereof only seek to protect the rights we already possess—even those that have never been formally listed. Don't let anybody ever tell you different.
So, yeah...I'm celebrating along with the rest of the queer population. But my right to love whom I love (either in the privacy of my own home with another consenting adult, or to show affection out in public as the heterosexual people do) was a right I already possessed. The Constitution only guarantees my protection against having that right abridged. I practiced my love for a same--sex partner BEFORE this ruling, and had I been jailed, fined, or labeled a sex-offender as a result, I would have fought back, too.
And I plan to fight back when Bill Frist and his ilk seek to abridge any of my rights by writing an anti-gay amendment into the Constitution. We've already heard talk of a "slippery slope" because of this recent Supreme Court ruling that we're now open to all manner of behavior in the name of the right to privacy. But it's an even more dangerous and "slippery slope" to begin writing amendments to the Constitution that seek to abridge rights.
there is a fight coming.
Ronald L. Donaghe, Las Cruces, NM
July 1, 2003