WASHINGTON — The Supreme Court struck down Texas’ ban on gay sex today, ruling that the arrest of two Houston-area men having sex in their bedroom was an unconstitutional violation of privacy.
The 6-3 ruling reverses course from a ruling 17 years ago that states could punish homosexuals for what such laws historically called deviant sex.
Laws forbidding homosexual sex, once universal, now are rare. Those on the books are rarely enforced but underpin other kinds of discrimination, lawyers for the two men had argued to the court.
The men “are entitled to respect for their private lives,” Kennedy wrote.
“The state cannot demean their existence or control their destiny by making their private sexual conduct a crime,” he said.
Justices John Paul Stevens, David Souter, Ruth Bader Ginsburg and Stephen Breyer agreed with Kennedy in full. Justice Sandra Day O’Connor agreed with the outcome of the case but not all of Kennedy’s rationale.
Chief Justice William H. Rehnquist and Justices Antonin Scalia and Clarence Thomas dissented.
“The court has largely signed on to the so-called homosexual agenda,” Scalia wrote for the three. He took the unusual step of reading his dissent from the bench.
“The court has taken sides in the culture war,” Scalia said, adding that he has “nothing against homosexuals.”
How perfect that this occurred on Appropriate Michael Savage’s Name For Your Own Purposes Day. Some days the karma is just right.
Speaking of the Savage Weiner, I just received the following email from him:
Justice Scalia is just feeling cranky because he had to miss my annual Crisco ‘n’ Fudge Party this year. Don’t worry, Tony, my Reenact The Bath Scene From Spartacus Party is still on! Senator Santorum says he’s got a loofah with your name written all over it.
Next year we need to lobby to have banks and government buildings closed on days like this. I’m thinking maybe a parade, too.