RECENT  POSTS:  » Where art thou, Jeremy? » Video: Ad for blemish remover/ tourist spot for our new, bettered America » Whether justified or Kim Davis-ed, individualistic rage rarely outplays broader truths » Kim Davis: The almost too perfect coda to the marriage discrimination fight » Anti-gay clerks are going to have to do their jobs. Because of course they are. » Jeb really wants to remind voters of his anti-'same status' plan for gay couples » Maine: NOM finally forced to hand over its tiny, out-of-state, incestuous donor roll » This delusional primary: Huckabee claims 'same-sex marriage is not the law of the land' » The 'Yeah. Duh. Of course' phase of this fight » Trailer: 'Stonewall'  

« Go back a post || Return to G-A-Y homepage || Haul tail to next post »


Bryan Fischer says 'in fact'; in fact, is factually wrong

by Jeremy Hooper

From American Family Association spokesman Bryan Fischer's article lamenting gay people's right to privacy:

In fact, the Supreme Court correctly ruled in 1999 that “a person has no constitutional right to engage in sexual intercourse, at least outside of marriage." It is perfectly permissible and constitutional to take all forms of sexual intercourse that occur outside the union of one man and one woman in marriage and make them contrary to public policy. [AFA]

Only thing? That snip, while it is from 1999, is *not* from SCOTUS! It's from a Maryland case, Timothy R. Owens v. State of Maryland, that focused on statutory rape. Circuit Court for Baltimore County opinion:

The state’s overwhelming interest in protecting children from these risks outweighs any interest that the individual may have in engaging in sexual relations with children near the age of consent. Although we need not reach the issue, it has been held that a person has no constitutional right to engage in sexual intercourse, at least outside of marriage, and sexual conduct frequently is subject to state regulation.
Owens v. State [MD Courts]

That court did rely, in part, on Bowers v. Hardwick, a wrongly-decided, 5-4 SCOTUS opinion that upheld Georgia's sodomy law. But this court, thirteen years after Bowers and only a handful of years before Lawrence v. Texas (which knocked down sodomy laws), was not setting the sort of SCOTUS precedent that Bryan claims it did.

In fact, Bryan is factually wrong. Shocker.


(*tip of the hat to Alan Eckert for drawing my attn to this)

space gay-comment gay-G-A-Y-post gay-email gay-writer-jeremy-hooper

Your thoughts

comments powered by Disqus

G-A-Y Comments Policy

Related Posts with Thumbnails