Constitutional lawyer wanted
Jun. 3rd, 2011 12:38 pm![[personal profile]](https://www.dreamwidth.org/img/silk/identity/user.png){kind=small}
elfsSo, VA State representative Robert Marshall (R) claims that the Federal Reserve, which is headquartered in Virginia, is "promoting a class 6 Felony" by flying the gay pride flag during the LGBT Pride Week in Virginia.
Virginia Code 18.2 does read:
Yes, Bowers v. Hardwick stated that the Fourth Amendment protection to be secure in one's person made such laws unconstitutional, and therefore unenforceable as prosecutable offenses. But did Bowers v. Hardwick also give carte blanche to government agencies to ignore the laws on the books?
I can see how one could make the argument that, although the state is barred from enforcing its sodomy laws, it is also barred from promoting sodomy until VC 18.2 is nullified by further legislsation.
(Yes, I know, equating the pride flag and sodomy is pointless and absurd. It's still how things work in Sideshow Bob's mind. I'm just trying to come to a rationalization of his rationalization.)
Virginia Code 18.2 does read:
If any person carnally knows in any manner any brute animal, or carnally knows any male or female person by the anus or by or with the mouth, or voluntarily submits to such carnal knowledge, he or she shall be guilty of a Class 6 felony, except as provided in subsection B.Now, leav aside Sideshow Bob's willful unawareness that far more heterosexuals than homosexuals "know" one another "by the anus or ... the mouth," especially in "Virginia Is For Lovers" Virginia, I have a simple question: is Bob right?
Yes, Bowers v. Hardwick stated that the Fourth Amendment protection to be secure in one's person made such laws unconstitutional, and therefore unenforceable as prosecutable offenses. But did Bowers v. Hardwick also give carte blanche to government agencies to ignore the laws on the books?
I can see how one could make the argument that, although the state is barred from enforcing its sodomy laws, it is also barred from promoting sodomy until VC 18.2 is nullified by further legislsation.
(Yes, I know, equating the pride flag and sodomy is pointless and absurd. It's still how things work in Sideshow Bob's mind. I'm just trying to come to a rationalization of his rationalization.)
