tag:blogger.com,1999:blog-5217892566352331822.post6758076604081553255..comments2024-01-25T10:10:17.008-08:00Comments on One Blog Now: It's Complicated: A More Subdued Rant on the Separation of Church and State Kim Bradleyhttp://www.blogger.com/profile/02697704600539418132noreply@blogger.comBlogger2125tag:blogger.com,1999:blog-5217892566352331822.post-54263340405037956182013-04-09T06:54:00.590-07:002013-04-09T06:54:00.590-07:00Just because a law is unconstitutional based on ca...Just because a law is unconstitutional based on case law does not mean that it won't be enforced. For example, in my state of Virginia, our Attorney General, Ken Cuccinelli, used a law still on the books declaring sodomy and oral sex a felony to try a man who solicited oral sex from a 17 yo (age of consent in VA is 15, sex with a minor over the age of consent is a misdemeanor). The long and short of it is that despite the appeals court declaring that using this particular law to try the guy (who is scum, no doubt) is unconstitutional based on a decision in Texas. Cuccinelli's office is trying to play this off as protecting kids of VA but he objected to an attempt several years ago by the legislature to modify the sodomy law to be limited to cases involving prostitution, public sex, and sex with minors (which would have made the law both reasonable and constitutional), making it clear that he wanted to designate what consenting adults could do in the privacy of their own homes, based on his radical religious beliefs.<br /><br />So laws that remain on the books that are clearly unconstitutional are still sometimes enforced. I think I have mentioned it before, but I suggest anyone with an interest in this topic read "Candidate Without A Prayer" by Herb Silverman. It's an entertaining book (true story) about an atheist who tried to run for public office in South Carolina. <br /><br />The law in Tennessee (and a number of other states) regarding public office is clearly unconstitutional, but that does not mean it cannot be enforced, it only means that it is very likely to be overturned on appeal. If the person involved decides to take it that far.<br /><br />I do agree with the Lt. Governor that it would likely be impossible for an open atheist to be elected in TN, or in virtually any other state. There is, I believe, only one open atheist in Congress.tikidochttps://www.blogger.com/profile/17773806903415788468noreply@blogger.comtag:blogger.com,1999:blog-5217892566352331822.post-28247777983834579942013-04-08T12:09:34.148-07:002013-04-08T12:09:34.148-07:00Objection. Greg is in politics. People have defrie...Objection. Greg is in politics. People have defriended him from Facebook for debate nights.The daughternoreply@blogger.com