10-09-2003 06:01									#31
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quote: Originally posted by Thorn You wish to Qualify that statement?

In what way? You can't have sex in a public place. Period (as you say in America)

	10-09-2003 06:03									#32
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quote: Originally posted by Thorn Fine if my BF is going to disagree with me, I end my participation in this debate. Carry on without me.

Without you there is no debate.

	10-09-2003 06:11									#33
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quote: Originally posted by Lincoln Without you there is no debate.

I think 'squabble' is a more acurate description

	10-09-2003 06:16									#34
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quote: Originally posted by Lincoln "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.

While this is true, they aren't being charged under a law that prohibits public indecency, they are being charged under a law that prohibits a certain sex act, whether in public or private. The law is still wrong, regardless of whether or not the men in question committed another crime.

	10-09-2003 06:20									#35
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Boris

Believe it or not (not just homosexual) sodomy was still illegal in the UK up until 5 or 6 years ago

	10-09-2003 06:22									#36
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I'm aware of that, but the problem here is that these men are being charged under a law that the SCOTUS has just effectively ruled unconstitutional.

	10-09-2003 06:25									#37
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Yep, I read, I only posted when Thorn said we could have sex in public places in Europe, unfortuneatly we can't.....:O(

	10-09-2003 06:30									#38
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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

How about The Netherlands? Well?

	10-09-2003 06:35									#39
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quote: Originally posted by Dr Strangelove How about The Netherlands? Well?

I've been there, brothels are one thing but you still can't have sex in a public place. It's Amsterdam not Sodom and Gomarrah (sp), you'll be dissapointed if you you pay to get over there with that attitude

	10-09-2003 08:17									#40
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quote: Originally posted by Joseph 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.

No, they don't. Once SCOTUS has ruled, its rulings on the subject matter are automatically binding on all inferior courts.

	10-09-2003 08:19									#41
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quote: Originally posted by Thorn That is your opinion based on your interpretation.

Nope, that's the SCOTUS interpretation. Read the damned opinion and ruling of the court.

	10-09-2003 08:28									#42
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quote: Originally posted by reds4ever It's Amsterdam not Sodom and Gomarrah (sp),

Is too! I know of a lady who visited, but who looked back out the plane window when she left. They had to stick her out in the south forty, where the cows find her very tasty.

	10-09-2003 08:29									#43
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That must have caused a lot of trouble.

*rimshot*

	10-09-2003 09:20									#44
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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.

If you are a serious advocate for public sex, then stop complaining -- there's bathouses, you know.

	10-09-2003 09:21									#45
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quote: So nail 'em on public indecency.

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.”

As long as they are defining 'crime against nature' as public sex, then it isn't unconstitutional. If it applies to private conduct, then it is, of course, unconstitutional.

	10-09-2003 14:26									#46
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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.

There are round trip tickets under $300—try it and find out for yourself.

	10-09-2003 14:30									#47
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quote: Originally posted by reds4ever Yep, I read, I only posted when Thorn said we could have sex in public places in Europe, unfortuneatly we can't.....:O(

they only just made it specifically illegal here the other week...

	10-09-2003 14:37									#48
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They could always do you under the old gross indecency laws though.

	10-09-2003 14:43									#49
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Ooooh, always fancied being done in a law library.

	10-09-2003 14:50									#50
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I was just pointing out having sex in public always could be prosecuted. Although you would have more chance of not getting charged if you were hetro

	10-09-2003 14:53									#51
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I know, and I was just making a cheap innuendo.

	10-09-2003 15:52									#52
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Why is everybody talking about sex in public as it was some sort of bad thing? If the people doing it are ugly, there's usually some way you can turn your head so you won't have to look at it.

	10-09-2003 18:02									#53
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quote: Originally posted by Imran Siddiqui “We’re following constitutional law,” Bryant said. “The Supreme Court’s decision only applies to private conduct.”[/i] As long as they are defining 'crime against nature' as public sex, then it isn't unconstitutional. If it applies to private conduct, then it is, of course, unconstitutional.

I'm not sure I agree with their justification for declaring public sex as "crime against nature," but I do agree that the constitutional law only protects private, consensual sex.

	10-09-2003 22:37									#54
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How could having sex in nature be a crime against nature? Where do they think all the little animals come from?

	10-09-2003 23:13									#55
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quote: Originally posted by chegitz guevara How could having sex in nature be a crime against nature? Where do they think all the little animals come from?

We don't live in nature anymore -- we live in cities or towns -- for the most part.

	10-09-2003 23:14									#56
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quote: Originally posted by Thorn The Supreme Court is the law of the land, they strike something down in one state, it pertains to ALL States!

err- well yes and no-- The rationale applies across the board but it is possible to have a law entitled a sodomy law that does not violate the reasoning of the court and which would stand.

Even if it is clear that a law in another state should be struck down based on the SC reasoning, it will take a judge, applying that reasoning, to strike down the other law.

	10-09-2003 23:21									#57
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quote: Originally posted by MichaeltheGreat No, they don't. Once SCOTUS has ruled, its rulings on the subject matter are automatically binding on all inferior courts.

Following precendent is the basis of common law. As MTG says not every states laws will go before the SC.

What should happen is that a local judge will throw out offensive laws , in ANY state, which violate the SC ruling. If that decision is appealed, it is possible that this decision might make it back to the Supreme court but only if there were some substantial differences. If it were the same issue, the appeal courts should stuff the appeal and the SC would decline to hear it. So while there could be a state by state airing of this issue, it should only be at the lowerr court or possibly the appeal levels within the state

	10-09-2003 23:22									#58
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quote: Originally posted by Thorn God Save the poor children who see people doing something that is natural and necessary for the human species to propogate.

I realize that I would do better not to get involved in this argument, but that argument isn't really applicable to this particular situation, unless I missed something very important in my biology class....

	10-09-2003 23:25									#59
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I kind of sympathyze with law enforcement here if the legislature hasn't passed a law on public decency or prostitution but an anti- sodomy law is not the solution. The legislature should pass a reasonable law cobering their concerns about public sex and prostitution. There are probably a dozen variations that have been used and tested in court numerous times . One of these could be quickly adopted.

	10-09-2003 23:37									#60
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quote: These people need to control themselves in public places. No one has a constitutional right to engage in sexual activity in public.

I agree.

This makes me Puritanical?

That's an honour coming from Thorn.