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How would one have gathered evidence and prosecuted a case like that anyway?
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Originally they could only prosecute homosexuals b/c they knew that that is the only way that they can be intimate. Don't forget, sodomy includes oral sex. Usually they would send cops undercover to gay bars and pick up on patrons, would take them back to a hotel and right before the nasty would read them their rights and cart them away. In this case, Texas v. Lawrence, the guys were having sex, and a neighbor said she saw them doing drugs or something and the cops busted in on them and arrested them. This particular case was based on equal protection b/c in Texas and in a few other states they only prohibited homosexual sodomy while allowing hetero. In the process of overruling those laws they overruled Bowers which had said that it wasn't illegal for states to outlaw sodomy altogether among all sexual preferences but if you read the opinion, you would see it revolved completely around homosexual sex b/c they knew that was the only thing that can be prosecuted. The privacy of a marital bedroom is one of the implied natural rights of citizens recognized since the forming of the constitution, whether it is written in or not. There is no right to be an athiest written into the constitution either but it is implied in freedom of religion. The Bill of Rights allows freedom of religion, not freedom FROM religion.
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I'm glad you all think this is real cute. The Supreme Court may have struck down a law that I think is stupid in the first place, but they pissed all lover the Constitution in doing so.
Why do we even need states anymore if the federal govt is going to tell them what they can and cannot do?
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Like all things, the state's rights are limited by the BASIC guarantees of the constitution settled by the bill of rights. If states were allowed to do whatever the hell they wanted, there would be no need for a federal constitution and GA. could suspend freedom of speech and religion and make everyone suscribe to the NAZI party as a central requirement for citizenship within that state.
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Where is the right to privacy in the Constitution, if I may ask.
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Again the case law interpreting the constituion becomes apart of what are considered natural rights of all American citizens. Just b/c the right is not explicitly mentioned does not mean it does not exist. Ie. no right to marry explicitly in the constition, so can states prohibit it? They may be able to restrict it by licensing requirements but they can't out and out prohibit it and states can't under the privileges and immunities clause deny recognition of marriages happening in other states.
It's not a myth, it's case law which is the equivalent of codified law except it is much more difficult to overturn.