Byron White Quotes
The issue presented is whether the Federal Constitution confers a fundamental right upon homosexuals to engage in sodomy, and hence invalidates the laws of the many States that still make such conduct illegal, and have done so for a very long time.... Respondent would have us announce, as the Court of Appeals did, a fundamental right to engage in homosexual sodomy. This we are quite unwilling to do.
United States, Supreme Court. Bowers v. Hardwick. 478 U.S. 186. United States Government Printing Office, 1986, pp. 190-191.
In one of the most unusual revolutions in world history, Brazil became independent from Portugal via a revolution led by the son of the Portuguese King and heir to the throne, Pedro I. The crown prince of Portugal, led Brazil in her breakaway from Portugal and by popular acclaim became Pedro I, Emperor of Brazil. He is probably the only monarch in history who was the heredity monarch of one kingdom and selected by popular acclaim to the throne of another.
Many New Yorkers and others felt that since the attack on the World Trade Center was made in the name of Islam, the mosque and commuity center should be built in another location further from Ground Zero. Ellison was debating someone who argued that the Mosque should not be built so that sensitivity can be shown for those New Yorkers who lost relatives and friends in the attack of September 11. Rather than insist on their Constitutional rights, the Muslim leadership of the project, moved the location somewhat further away from Ground Zero.
Hamilton acknowledged that the major public objection to the new U. S. Constitution was its lack of a Bill of Rights, which Hamilton argued was unnecessary.
What made this quotation very dramatic was that the state of Virginia, under the previous administration dominated by religious fundamentalists had passed a law banning same sex marriage. Several private Virginia citizens had sued the State in Federal Court, asserting that their Constitutional rights were violated by the ban. The Attorney general normally defends the state in any court proceeding. However, Herring agreed with the plaintiffs on the case, that the Virginia law was unconstitutional, so he and the State entered the case on the side of the plaintiffs and against the state law. His reference to the right side of history was related to the fact that as late as 1964 Virginia had a law prohibiting interracial marriage which they enforced and the Supreme Court invalidated. Thus, on marriage, Virginia had a track record of being on the wrong side of history and the law.
The choice is usually contrasted between guilty persons going free, rather an innocent one be adjudicated guilty. But here the justice tells us that the avoidance of an innocent person being subject to easy arrest is important enough to have a system where guilty people sometimes escape justice.
Byron Raymond "Whizzer" White was an American lawyer and professional football player who served as an Associate Justice of the Supreme Court of the United States from 1962 to 1993. Born and raised in Colorado, he played college football, basketball, and baseball for the University of Colorado, finishing as the runner up for the Heisman Trophy in 1937. He was selected in the first round of the 1938 NFL Draft by the Pittsburgh Pirates and led the National Football League in rushing yards in his rookie season. White was admitted to Yale Law School in 1939 and played for the Detroit Lions in the 1940 and 1941 seasons while still attending law school. During World War II, he served as an intelligence officer with the United States Navy in the Pacific Theatre. After the war, he graduated from Yale and clerked for Chief Justice Fred M. Vinson.
