While many politicians are unwilling to deal with the difficult political issue, state Rep. Timothy Horrigan and a few of his colleagues are moving toward removing the unconstitutional provision from the state’s code. That is more courage than has been shown by politicians in other states who would prefer to have people like me to challenge the law and pay heavy fees and costs leading to a court decision to overturn the laws, here.
He is joined by Rep. Carol McGuire, a Republican co-sponsor of the bill in a bipartisan effort. After the Court’s decision in Lawrence v. Texas (overturning criminal laws on homosexuality) there should be no lingering doubt as to the unconstitutionality of such laws. What is lacking is not the legal basis but the political courage.
New Hampshire has a long libertarian tradition and many in that state see this law for what it is: a government intervention in the private lives of citizens. Morals legislation is nothing new and such laws go back to the founding of the Republic. However, they constitute examples of majoritarian demands being imposed on consenting adults in how they should live their lives. No one is pro-adultery. However, many are pro-privacy and pro-Constitution. New Hampshire could lead the way for states in rescinding these legal relics and, in doing so, reaffirm the right of citizens to live by the moral or amoral values of their own choosing.
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