The Law Clerk.org - BACKGROUND




BACKGROUND: 1. First State then U.S. Federal Courts, since the early 1990's, began challenging state legislatures and Congress--ultimately the People-- to provide sufficient constitutional arguments, statutes and constitutional amendments justifying the continuation of bans on sodomy, including oral, bans on homosexual unions and eventually homosexual, i.e.., same-sex marriage! 2. 220 years of Public Morality & Public Health Stare Decisis: Both state and federal legislatures made anti-sodomy laws and courts, including the U.S. Supreme Court, made judicial decisions deferring to public morality and known health consequents of homosexual acts whether done by homosexuals or heterosexuals. 3. Legal Sexual Revolution, Prosecutors Rarely Prosecute: It Becomes an Education Issue, from High Morals Safe-Sex to Low Morals "Protected" Un-Safe Sex and Rampent STD's. In the 1960's and 1970's, with the Pill and the "sexual revolution", plus a round of antibiotic medical discoveries initially highly effective curing a number of STD's, as well as the anti-Viet Nam War rebellion, public morality standards dropped significantly. In the new risk apathetic public behavior climate, prosecutors ever more frequently failed to prosecute public health laws banning certain sex acts including sodomy by homosexuals or heterosexuals. The resultant dramatic rise it STD's & STI's was treated as an education issue to be resolved by "safer-sex education" with some laws requiring reporting of communicable diseases and participants, especially when incurable or especially dangerous. Rational Basis to Strict Scrutiny: Why not Same-Sex SS Marriage? `Which Compelling Public or State Interests?` ...barring evidence of harm. Unfortunately, The facts: CDC Reports: `I.Unaffordable and unsustainable $12.2 billion` `additional annual healthcare obligation cost for` `+30,300 newly HIV infected gay males aged 13 to 33` `(13 to 17 statutory rape) at a cost of $400,000 per` `person for HIV/AIDS Lifetime treatment and testing.` `A. The $12.2 billion additional annual HIV healthcare` `obligation is nearly twice the 2015 annual $7 billion` `budget US Federal Court System or the $6.6 billion` `budget of the Center for Disease Control` `B. In 2010 it was 29,000 and in 2013 it was 30,300 newly` `infected gay males for more than 400 increasingly` `infected gay males per year.` `C. Most recently the Center for Disease Control reports` `that the three drug HIV/AIDS treatment cocktail is` `failing increasingly year-by-year two 2014 at a rate of` `15% failure rate.` `D.HIV AIDS is a virus ferociously trying and succeeding` `to overcome our best treatment efforts. That means that` `big Pharma and University labs must devote an` `increasing effort of their resources trying to keep up` `with the ever creative HIV-AIDS virus. The impact on` `those the newly infected 30,000 gay males at 15% is` `more than 4,500 will likely die in their 20s 30s or 40s` `rather than in their 50s or 60s as is typical of` `homosexuals leading their dangerous lifestyles grant` `assigned to medical journal studies.` `=================================================` `Body of scientific evidence:` `Science versus the KnowNothings!` `~SS Argument 1:` `Gay sex is not harmful, does not pose a serious public` `health danger!` `~Court Principle:` `"Private consensual sex acts between adults or matters,` ABSENT EVIDENCE THAT THEY ARE HARMFUL`,` `in which the state has no general` `interest."` `Fed Va District` Robert R. Merhige Jr`. Though the` `Commonwealth, 403 FSupp.. 1199, 1201 (E. D.Va. 1975), aff'd,` `425 US 901 (1976) at 1203.` `~Answer: Gay Sex Acts are Harmful according to the` `Ultimate Test, the body of medical journal scientific` `evidence!`

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