Two cases of sodomy in USA and their bases of jurisprudence and science

被引:0
作者
Shen Z. [1 ,2 ]
机构
[1] School of Psychological and Cognitive Science, Peking University, Beijing
[2] Key Laboratory on Evidence Science of Ministry of Education, Chinese University of Political Science and Law, Beijing
来源
Kexue Tongbao/Chinese Science Bulletin | 2016年 / 61卷 / 33期
关键词
Judicial review; Lawrence v. Texas; Male homosexual behavior; Minority stress model; Sexual segregation; Social-ecological model;
D O I
10.1360/N972016-00635
中图分类号
学科分类号
摘要
The US Supreme Court issued contradicting verdicts for two similar cases of sodomy that came up in an interval of 17 years: Bowers v. Hardwick, 478 U.S. 186 (1986) and Lawrence v. Texas, 539 U. S. 558 (2003). The former petitioners were rejected while the latter was held up stating that the "Texas statute making it a crime for two persons of the same sex to engage in certain intimate sexual conduct violates the Due Process Clause". The author compared the court documents of both the cases and found that the verdicts of the two courts had legal jurisprudence according to interpretivism or non-interpretivism in theories of judicial review. The latter verdict is also consistent with the claim of European Court of Human Rights that any citizen has the right to choose sodomy as a lifestyle. However, the National Institute of Medicine USA suggested a theoretical framework in 2011, claiming that homosexual behavior is social behavior instead of an individual action, and that this behavior originates from society and bounces back as a reverse action into society. It brings forth the minorities with socio-psychological issues, including alcohol abuse, substance abuse, violence, depression, suicide, and high incidence of disease. Interdisciplinary research has demonstrated that sodomy poses a disadvantage to the ecological environment for both animals and human beings; it is an apoptosis, harmful, and brings about inequities. Many factors responsible for sexual segregation, including competition among species, long-term war, work on faraway project fields, in prisons and refugee camps, provide the prerequisite or breeding ground for the spread of incidences of sodomy. Besides this, the huge gap between the rich and the poor, unsatisfactory heterosexual life, and painful sex experiences might be personal reasons for people to indulge in sodomy. Biological factors, including genes, hormones, brain sex differentiation, and fraternal order effect, as well as sex reversals, have hardly any effect, and show only one thousandth of the sex minority effect. Almost all persons who practice sodomy are devoid of inclinations to undergo sex reversal because there is a consistency between the gene type and phenotype of their sex organ. The capital involved in the sex industry and cultural influences are also factors that promote the practice of sodomy among youngsters. The sex industry spares no efforts to increase its capital to suit the lifestyles of people who indulge in availing the services that it offers. A booming sex service, sex medical services, sex cultural activities, and all of the conspicuous consumption are an essential component of the economic development of the West. A revolution in the sexual culture of societies that now propagates anti-monogamy and heterosexuality excites young men to indulge in strange practices of sodomy leading to acquiring sexually transmitted diseases. In earlier times, the great country of Greece announced rewards to their soldiers to fight bravely; a couple of homosexuals rushed forward together. Although the army won a series of wars, the military strength went down quickly. Greece was defeated by Rome, and Greek civilization did not reach its brilliant peak. This paper suggests that male homosexuals need to be made aware of the nature of sodomy at the cognitive level and they need to practice self-discipline to overcome the behavior. Therefore, modern society has to pay more attention to explore the origin, nature, and solution to rid itself of sodomy. Four projects to be examined are suggested at the end of the paper. © 2016, Science Press. All right reserved.
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页码:3521 / 3531
页数:10
相关论文
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