David Barton can’t seem to get much of anything right. Not only is he wrong about practically everything he says about the founding era of the country, he is equally ignorant of modern American history. Like his recent claims on his radio show about Lawrence v Texas, the case that overturned state sodomy laws.
Lawrence v. Texas was a 5-4 decision and that’s the one that gave the whole foundation for gay marriage because the court there said “look, here’s the new deal: if it’s consensual, it’s constitutional.”
So if an eleven year-old girl says she wants to have sex with a ninety-five year-old guy and they both consent, that’s constitutional?
Now wait a minute; if five guys want to marry one girl and they consent, that’s constitutional?
So what happened is that decision was a 5-4 decision that has opened the door to what we’re seeing now not only with gay marriage but with what they’re calling polyamorous marriages and open marriages and so many other things because the premise is that if everybody agrees, it’s fine. And that’s a wild decision.
First, it was a 6-3 decision, not 5-4. And four of the six justices in the majority were nominated by Republicans. But notice how he changes the subject from criminal prosecutions to polygamy? Lawrence v Texas dealt with whether someone could be criminally prosecuted for having gay sex. The analogy about 5 men and one woman is absolutely invalid; to be valid, it would have to deal with whether the woman should be thrown in prison for having sex with five men.
The analogy of the eleven year old girl is equally absurd. The young girl cannot give consent to have sex with an adult under the law and this ruling did nothing at all to change that.