Several conservative groups filed amicus briefs supporting the law. The one by the Family Research Council sums up the major arguments in favor: "(1) The law has historically respected and protected the marital union and has distinguished it from acts outside that union, such as fornication, adultery and sodomy. To extend to homosexual sodomy the same protections given to the marital union would undermine the definition of marriage and could lead to homosexual marriage; (2) In order to recognize a non-textual constitutional right to sodomy, the Court must find sodomy to be deeply rooted in the nation's history and tradition. In fact, laws banning sodomy are deeply rooted in our nation's history and tradition; (3) Protecting marriage, upholding morality and seeking to ensure public health is more than enough for Texas to prove it has a 'rational basis' behind its law .."
The law is supposed to set parameters for a society. In the past, the law has been viewed as something that flowed from a Law-giver, outside of the reach of humankind to create or manipulate. But since humanity now sees itself as the law-maker (the breaking of that ancient Law is now celebrated in personal behavior and encouraged in film, in magazines and on TV), who is to say whose morality, if any morality, should prevail? Having made "choice" the ultimate determiner for abortion, it would not surprise me if the Supreme Court cites the so-called "right to privacy" in this case and replays its mistake in Roe vs. Wade, which struck down another Texas law.
Adoption laws in some states now give children to same-sex couples. If the Texas sodomy law falls, "marriage" will be redefined and the demise of the human family will be complete.
Cal Thomas is co-author (with Bob Beckel) of the book, "Common Ground: How to Stop the Partisan War That is Destroying America".
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