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Adult Sexual Rights fight similar to Interracial marriage fight and civil right
09-13-2009, 03:36 PM
Post: #1
Adult Sexual Rights fight similar to Interracial marriage fight and civil right
Adult Sexual Rights fight similar to Interracial marriage fight and civil rights.

The conservatives attack "activist judges" on the Supreme Court, as I've discussed before. Conservatives only want "Constructionist " judges, which means if a freedom is not specifically in the U.S. Constitution it is denied. They view the Constitution as a "dead" static document, frozen in time since created in 1787 and incapable of guiding a government into the 21st Century vs. a "Living" document attitude of "activist" judges.

Without activist Supreme Court judges, the state of Virginia could still be outlawing interracial marriage [Loving v. Virginia]. The Court's [Loving v. Virginia] ruling triggered a landslide of political change. As each decade passed, the opposition to interracial marriage faded away, and today's opinion polls show that only a very tiny minority still opposes the legality of interracial marriage." Loving v. Virginia struck its fatal blow against a very bigoted population which actively opposed the legality of interracial marriage.

Without activist judges in Brown v. Board of Education of Topeka, wen might still have racial segregation in our schools. This victory paved the way for integration and the civil rights movement.

Without activist judges, the private consenting adult sexual behaviors would have continued to be illegal in many of the States (Lawrence vs Texas but needs to be tested in consenting adult sex work cases). As I have written extensively on this landmark case by a narrow, split Court said morality can not be the bases for laws, nor can laws prohibit the government intruding in our private sexual lives.

Without activist judges, women would not have as much say-so over their own bodies as they do today.

Without judicial activism on sexual issues we are stuck with the tyranny of the religious groups that pressure passage of laws to deny our sexual freedoms. The U.S. is for example almost the only country in the world where in private consenting adult prostitution is illegal. Ironically their "Christian" arguments against sexuality have no biblical basis. Biblically there was nothing ever wrong with many wives, concubines or "common" prostitutes. Yet they seek to impose their false doctrines via laws that restrict consenting adult sexual freedoms that almost all the rest of the world enjoys and benefits from.

This is very different from other countries where people have far more individual rights such as under the Canadian Charter of Rights and Freedoms.

Too bad the wise words in the Declaration of Independence was not included in the BIll of RIghts or the Constitution so it has no legal effect and no strong individual rights like in most of the world.

Reminder of the key part of the Declaration of Independence that clearly had the intent to be a living document supporting "activist judges" -...All Men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the Pursuit of Happiness--That to secure these Rights, Governments are instituted among Men, deriving their just Powers from the Consent of the Governed, that whenever any Form of Government becomes destructive to these Ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such Principles and organizing its Powers in such Form, as to them shall seem most likely to effect their Safety and Happiness. . . . "

We have the BIll of RIghts but it does not contain the right to the "pursuit of happiness" but includes "other rights" but they are not defined. That is where the Supreme Court comes in. We need "activist" judges to grant "other" rights not thought of in 1791 .The United States Bill of Rights consists of the ten amendments added to the Constitution in 1791, as supporters of the constitution had promised critics during the debates of 1788.

From WEST VIRGINIA STATE BOARD OF EDUCATION v. BARNETTE, 319 U.S. 624 (1943): "The very purpose of a Bill of Rights was to withdraw certain subjects from the vicissitudes of political controversy, to place them beyond the reach of majorities and officials and to establish them as legal principles to be applied by the courts. One's right to life, liberty, and property, to free speech, a free press, freedom of worship and assembly, and other fundamental rights may not be submitted to vote..."

Comments from Woodhullfoundation.org discussion List by Rick Umbaugh
One of the reasons that the current conservatives on the court are so subversive to human rights is that their Jesuitical legal nitpicking and their sense of Constitutional fundamentalism, read by them as strict constructionism, make the deliniating of rights needed by the contingencies of modern world rather difficult. If Scalia were to prove more powerful we would have to legislate these rights by amending the Constitution every time we wanted to find new freedoms. The nonsense with prohibition showed how silly that kind of thinking is.

Still, a court case will, by its very nature, cause those who believe that society needs social and legal moral control, to declare that their rights to impose their moral judgments on people have been arbitrarily stepped upon. They see the court as the protector of the past, not the harbinger of the future, so in order to help bring about more freedom we need to also work politically, so that the Congress and the Executive can be brought along

We have to pursue our attempts to get sexual freedom in both arenas for two reasons. First because when thing work, as they did in the late 1950s and early 1960s, all the branches must be pursuing the same goals, as they did with Civil Rights and secondly, because the American people have to feel like they have participated in the decision, as they mostly did in the Civil Rights movement

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