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Alabama Gay Sex Ban Lifted: Justice or Agenda?

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An Alabama gay sex ban was overturned in an appeals court, striking down the law that criminalizes consensual same-sex relations.

The law was found to be unconstitutional.

Civil rights groups and gay activists are touting the striking of the law as a step in the right direction, but there is still a long road ahead.

Apparently Alabama was one of 12 states that still have anti-sodomy laws in place.

Attention was brought to this particular law in Alabama when the state attorney general brought a case to the Alabama Court of Appeals in which a prosecutor failed to secure a conviction for 1st degree sodomy on a defendant who was in a consensual relationship. The conviction was decreased to the lesser, non-felony charge of sexual misconduct.

The law was unanimously overturned. Surprisingly, it was the first time the law’s constitutionality had been addressed since the U.S. Supreme Court overturned a similar Texas law in 2003.

Texas’ law was ruled to be an unconstitutional invasion of privacy. However, that ruling wasn’t unanimous. In the 6-3 decision the law, which stated that states could punish individuals for participating in what was referred to as “deviant sex”, was overturned after 17 years in effect.

Judge Antonin Scalia, Judge Clarence Thomas, and Judge William H. Rehnquist dissented on the Texas vote, calling it a taking of sides in a culture war.

“The court has largely signed on to the so-called homosexual agenda,” Scalia wrote for the three, as he took the unusual step of reading his dissent statement from the bench.

“The court has taken sides in the culture war,” Scalia said. He then insisted that he has “nothing against homosexuals.”

Even now, in the 11 states that are left where such anti-sodomy laws remain in the books, those laws are rarely enforced.

What do you think? Are these laws an unconstitutional prying into the bedrooms of America or have the courts simply given in to the widespread homosexual agenda?

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Alabama Gay Sex Ban Lifted: Justice or Agenda?
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