10-09-2003 05:09									#1
	North Carolina continues to enforce Unconstitutional Sodomy Law. Put an end to popups!

More bad news from my state. I'm trying to work with my local GLBT groups to see what can be done about it.

quote: N.C. Sodomy Law Still Enforced Despite Ruling on Texas Measure Associated Press, August 25, 2003 http://newsobserver.com/nc24hour/nc...p-2598037c.html RALEIGH, N.C.—Police and sheriff’s deputies are still enforcing North Carolina’s crime against nature law despite a U.S. Supreme Court decision striking down a similar Texas law prohibiting homosexual sex. The North Carolina law is defined to ban oral or anal sex between unmarried couples. Critics contend it has been used to criminalize gay relationships and discriminate against homosexuals. Constitutional law experts and gay advocates say the state statute became invalid when the Supreme Court struck down the Texas law against sodomy. “We don’t believe that there is a constitutional way to enforce the crime against nature law,” said Seth Jaffe, managing attorney for the American Civil Liberties Union of North Carolina. Law enforcement officials said they continue to use the law because it is their only way to make arrests for prostitution that involves oral sex, which isn’t covered under the state’s prostitution law. Prosecutors also bring crime against nature charges against people who have sex in public, which other state laws don’t specifically prohibit. A charge of indecent exposure would not necessarily apply because it’s a crime to be naked in public only if seen by a member of the opposite sex. John A. Maxfield, legal adviser to the Wake County sheriff, and Dawn Bryant, Raleigh’s police attorney, have told officers they can continue to charge people with crime against nature as long as the activity occurs in a public place. “We’re following constitutional law,” Bryant said. “The Supreme Court’s decision only applies to private conduct.” Prosecutors in Brunswick County, for example, recently dismissed charges against three men for sexual activities at a party in a private residence. They are pursuing charges against six men accused of having oral sex in a public park near a school. “The only thing we want,” Brunswick County assistant district attorney Connie Jordan said, “is for them not to have sex next to where kids are getting on a bus.” No figures were available on the number of people charged with crime against nature in North Carolina since the Supreme Court ruled June 26. In the first six months of this year, more than 400 people were charged with either violating the crime against nature law or soliciting to break the law. At least one jurist, Mecklenburg County District Court Judge Nate Proctor, has declared the state law unconstitutional as a result of the Supreme Court’s decision. Proctor’s ruling, now on appeal, came in the case of a 38-year-old man charged with solicitation to commit crime against nature. The man alleges he was lured into a flirtatious conversation with an undercover officer in a public park, said his lawyer, Ray Warren of Charlotte, a former Superior Court judge and state legislator. Warren said he was disappointed that neither the state’s Conference of District Attorneys nor state Attorney General Roy Cooper has issued definitive statements urging prosecutors to halt charges under the statute. Cooper spokesman John Bason said the Attorney General’s Office offers opinions only when government officials or agencies request them. None have asked for formal guidance on the issue, he said.

I also posted the Sodomy Statute of NC below.

quote: North Carolina Statute: 14-177, Crime Against Nature. Unconstitutional under Lawrence v. Texas. Penalty: 3 years Classification: Felony Restrictions: None -------------------------------------------------------------------------------- Statute 14-177. Crime against nature If any person shall commit the crime against nature, with mankind or beast, he shall be punished as a Class I felon.

	10-09-2003 05:18									#2
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“The only thing we want,” Brunswick County assistant district attorney Connie Jordan said, “is for them not to have sex next to where kids are getting on a bus.”

I'm all for sexual freedom, but you can't really argue with that statement?

	10-09-2003 05:26									#3
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So nail 'em on public indecency. "Sodomy" shouldn't be against the law.

	10-09-2003 05:32									#4
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The point is they are breaking the law and no one is doing enough to stop it.

	10-09-2003 05:33									#5
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It may not be right, but it's not unconstitutional.

	10-09-2003 05:35									#6
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quote: If any person shall commit the crime against nature, with mankind or beast, he shall be punished as a Class I felon.

"the crime against nature"? That's very vague. If they won't specifically say "sodomy" then don't take their crap. They're pussies. (...bad pun, eh?)

I always get fantasies about the Supreme Court sending down federal troops to enforce its rulings in the backwards south...

	10-09-2003 05:35									#7
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quote: It may not be right, but it's not unconstitutional.

Supreme Court Strikes down Sodomy Laws = Sodomy laws Unconstitutional period.

What about this does not make sense to you?

	10-09-2003 05:36									#8
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quote: Originally posted by mrmitchell I always get fantasies about the Supreme Court sending down federal troops to enforce its rulings in the backwards south...

I can see it now... "National Gaurd Mobolised to Enforce Sodomy"

	10-09-2003 05:39									#9
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quote: At least one jurist, Mecklenburg County District Court Judge Nate Proctor, has declared the state law unconstitutional as a result of the Supreme Court’s decision. Proctor’s ruling, now on appeal, came in the case of a 38-year-old man charged with solicitation to commit crime against nature. The man alleges he was lured into a flirtatious conversation with an undercover officer in a public park, said his lawyer, Ray Warren of Charlotte, a former Superior Court judge and state legislator.

What? So you can get arrested in NC for telling someone "I want to suck your big throbbing ****"? What kind of a state is that anyways?

(And considering he was led into it, no, I'm not being sarcastic.)

	10-09-2003 05:40									#10
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quote: Originally posted by Thorn Supreme Court Strikes down Sodomy Laws = Sodomy laws Unconstitutional period. What about this does not make sense to you?

The fact that it's wrong. SCOTUS' opinion only reached to private conduct in a private setting.

	10-09-2003 05:42									#11
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quote: The fact that it's wrong. SCOTUS' opinion only reached to private conduct in a private setting.

That is your opinion based on your interpretation.

	10-09-2003 05:43									#12
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quote: Originally posted by Thorn Supreme Court Strikes down Sodomy Laws = Sodomy laws Unconstitutional period. What about this does not make sense to you?

A big NO The USSC said the Texas law was unconstitutional and not the North Carolina law. They the S.C. just will have to go state by state.

	10-09-2003 05:45									#13
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quote: A big NO The USSC said the Texas law was unconstitutional and not the North Carolina law. They the S.C. just will have to go state by state.

The Supreme Court is the law of the land, they strike something down in one state, it pertains to ALL States!

	10-09-2003 05:45									#14
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"They are pursuing charges against six men accused of having oral sex in a public park near a school."

Good for NC. These people need to control themselves in public places. No one has a constitutional right to engage in sexual activity in public. Please point out any court ruling that says that a community cannot regulate lewd activities in public places.

	10-09-2003 05:47									#15
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quote: Good for NC. These people need to control themselves in public places. No one has a constitutional right to engage in sexual activity in public. Please point out any court ruling that says that a community cannot regulate lewd activities in public places.

This puritan backed nonsense makes me sick.

	10-09-2003 05:50									#16
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Your whining because you are not allowed to do whatever you want without regard to the children of the community makes me sick.

	10-09-2003 05:51									#17
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Your Imposing your Moral Values on others makes me even sicker.

	10-09-2003 05:51									#18
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They did it in a public place near a school?

Lock 'em up. Straight people can't do that either, Thorn.

	10-09-2003 05:52									#19
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I think the point is that they need to make ****ing laws that pertain to specific crimes rather than continuing to enforce an antiquated law. This is a slap in the face to many people.

	10-09-2003 05:52									#20
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quote: Originally posted by mrmitchell They did it in a public place near a school? Lock 'em up. Straight people can't do that either, Thorn.

In Europe they can, only reason they can't here is cause of this Puritan crap.

	10-09-2003 05:53									#21
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Well throw up then. You are the one imposing moral values on others. Is there any activites that should be restricted around children in public?

	10-09-2003 05:54									#22
	Lose 30 kilos (of popups)

God Save the poor children who see people doing something that is natural and necessary for the human species to propogate.

	10-09-2003 05:54									#23
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What? So you're saying people should just walk out in the street in front of a pre-school and spontaneously rip off their clothes and do it?

Public indecency, my friend. Probably a couple of charges about kids as well.

But a specific law for this instead of "crime against nature" would be better.

	10-09-2003 05:56									#24
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quote: Originally posted by mrmitchell But a specific law for this instead of "crime against nature" would be better.

Exactly my point. I'm glad someone agrees with me.

	10-09-2003 05:56									#25
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quote: Originally posted by Thorn In Europe they can, only reason they can't here is cause of this Puritan crap.

no we can't, whoever told you that is full of sh!t, a straight or gay couple would be arrested for public indecency, end of story

	10-09-2003 05:57									#26
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quote: Originally posted by mrmitchell What? So you're saying people should just walk out in the street in front of a pre-school and spontaneously rip off their clothes and do it? Public indecency, my friend. Probably a couple of charges about kids as well. But a specific law for this instead of "crime against nature" would be better.

You know a large reason why there is so much pregnancy in America is because people are not sexually educated. There are lots of American children that do not even know what sex is, so when they end up doing it they don't piece together what they are even doing. Expose it to them early on, instead of shielding them and in the process leading to more teen pregancies and single parents.

	10-09-2003 05:59									#27
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quote: Originally posted by reds4ever no we can't, whoever told you that is full of sh!t, a straight or gay couple would be arrested for public indecency, end of story

You wish to Qualify that statement?

	10-09-2003 05:59									#28
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Maybe the education should be a little less "in-your-face." Jesus.

	10-09-2003 05:59									#29
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Fine if my BF is going to disagree with me, I end my participation in this debate. Carry on without me.

	10-09-2003 06:01									#30
	Got spare money?

You know what I'm saying. Cut it out. There is no need for the grandiose extremism.