Saturday, September 01, 2007

Craig to Quit

I largely agree with the sentiments expressed at Rhymes with Right:

Craig should not have entered a guilty plea to any charge -- at most, he should have entered a nolo contendere or Alford plea. In addition, as Captain Ed points out, there is a serious question as to whether any conduct Craig engaged in constitutes criminal activity and whether the plea was coerced with political threats. Indeed, does the mere act of seeking gay sex constitute criminal activity in the post Lawrence v. Texas world, where consensual sodomy has been held to be a constitutional right? This is especially true if, as in this case, there was no exchange of money, no indecent exposure, and no actual sexual contact in a public place. Are shoe-bumping and hand gestures actually barred under disorderly conduct statutes?

This is not to say that I approve of Larry Craig's actions in that lavatory, if he was, in fact, seeking sex. I just wonder where the crime is -- and how homosexual activist groups can stand by and not argue that arrests such as this one are legally wrong. Is the greater hypocrisy being a homosexual or bisexual opposed to homosexual marriage, homosexuals in the military, and the inclusion of homosexuals in hate-crime laws, or in objecting to the criminalization of homosexual activity but remaining silent while a political opponent faces criminal charges that in other circumstances you would argue are legally and constitutionally dubious? I'd argue it is the latter.

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