Jan. 4th, 2006

bigmacbear: Me in a leather jacket and Hockey Night in Canada ball cap, on a ferry with Puget Sound in background (Default)
I've seen lots of remarks about this Oklahoma pastor's arrest for soliciting oral sex from an undercover cop -- most of them taking on the theme of "poetic justice" or "divine justice". However, after watching a video clip related to the story, I discovered that the reason for the arrest is that, while the act of oral sex in private is legal (thanks, no doubt, to Lawrence v. Texas), offering in public to perform such an act is not.

This sounds blatantly unconstitutional to me, in that criminalizing just *talking about* an otherwise legal act in a public place couldn't possibly pass First Amendment scrutiny. As tempting as it is to laugh at the situation and say "serves him right", I also hope he finds competent legal representation and gets this nuisance law stricken from the books as it ought to be.

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