It was indeed very offensive to hear the attorney from the DA's office
repeatedly refer to her side as "the people".  I didn't think there was much
hope in Starchild's motion to not have her refer to him as "the defendant".
A better motion might have been to ask that she instead say "the accused",
and that her side be called "the prosecution" instead of "the people".  Not
one of "the people" in the court's audience seemed to favor the prosecution,
and almost all of us seem to be on Starchild's side.  If I were Starchild
I'd ask my supporters to all try to wear the same color shirt and to sit
right behind him on his side of the room.
 
I hope Starchild's attorney's written motion to dismiss made the point more
clearly than she did in oral argument that Lawrence v. Texas arguably
limited its implications to only public prostitution when it said the
conduct at issue "does not involve public conduct or prostitution."  The
Lawrence opinion is all about the privacy of the conduct in that case, and
Starchild's alleged solicitation apparently was behind the closed doors of a
private hotel room.  The first sentence of the opinion says: "Liberty
protects the person from unwarranted government intrusions into a dwelling
or other private places."
 
She should have also mentioned that Scalia's dissent said that Lawrence
calls all prostitution laws into question.  He wrote: "State laws against
bigamy, same-sex marriage, adult incest, prostitution, masturbation,
adultery, fornication, bestiality, and obscenity are likewise sustainable
only in light of Bowers' validation of laws based on moral choices. Every
single one of these laws is called into question by today's decision; the
Court makes no effort to cabin the scope of its decision to exclude them
from its holding."
 
Prostitution is mentioned only once in the Lawrence oral argument.  The
attorney for Lawrence unfortunately tries to distinguish prostitution from
the conduct at issue, and I'm assuming the last two words are somehow
misquoted::
 
As for adultery and all of the other parade of
horribles which people have raised in their briefs, it
seems to me you've got to look at the individual interests
and the State interests and their dramatically different
in all of those cases incest, prostitution, all of
these -- bestiality, all of these things either there's
very little individual interests or there's very
heightened State interest or both, in all of those cases,
so the idea that by recognizing the right of all adult
couples to make choices like this in their own home the
Court is going to open up a whole can of worms, I submit,
is correct.

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