David Limbaugh

 Where are Tim Robbins and his merry band of selective-free speech advocates when you need them? Why are they silent as the thought/speech Gestapo mercilessly pillories Senator Rick Santorum and demands his resignation?
What did Santorum say that warrants his political excommunication by the high priests of our postmodern culture? Well, in an interview with the Associated Press he expressed his concerns over the challenge to a Texas sodomy law in the United States Supreme Court case Lawrence v. Texas.

 "If the Supreme Court says that you have the right to consensual sex within your home, then you have the right to bigamy, you have the right to polygamy, you have the right to incest, you have the right to adultery," said Santorum. "You have the right to anything."

 Immediately, gay rights groups and certain Democrats demanded that Santorum apologize and resign from his chairmanship of the Senate Republican Conference, the third highest position in the party's leadership. Why? Because his comments were construed as equating homosexuality with bigamy, polygamy, incest and adultery. The charge is absurd on its face and a gross distortion of his comments.

 The transcript makes clear that Santorum is concerned that if this nebulous and judicially created "right to privacy" were used to justify homosexual behavior, it could insulate all types of activities, including those he mentioned, from moral or criminal scrutiny. He was merely echoing the concerns of U.S. Supreme Court Justice Byron White in the 1986 case Bowers v. Hardwick, involving the constitutionality of a Georgia sodomy statute. White wrote, "If respondent's submission is limited to the voluntary sexual conduct between consenting adults, it would be difficult, except by fiat, to limit the claimed right to homosexual conduct while leaving exposed to prosecution adultery, incest and other sexual crimes even though they are committed in the home." Neither Santorum nor White was equating homosexuality to the other acts they listed.

 Moreover, Santorum is also concerned that since the "right to privacy" is a federal "right" it usurps the authority of the states to set their own parameters in these matters. Santorum's reasoning here is hardly hypothetical, since this is exactly the privacy right invoked by the Supreme Court in the Roe v. Wade abortion decision. The Court ruling limited each state's authority to regulate abortion -- though nothing in the express or implied powers of the Constitution conferred such a pre-emptive right on the Court with respect to the issue.

David Limbaugh

David Limbaugh, brother of radio talk-show host Rush Limbaugh, is an expert on law and politics. He recently authored the New York Times best-selling book: "Jesus on Trial: A Lawyer Affirms the Truth of the Gospel."

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