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I suspect that if the fundamentalists want to create precedence that they'd have a better shot doing this is a more liberal state like back east. I have a suspicion this is the wrong state to do it in, given our state constitution. Perhaps the plan is to get to the supreme court, but even there I bet they'd have an easier time starting in an other state.

Dave, I went to the hearing on Tuesday to listen to the arguments of both sides. Did a post about it at intellecxhibitionist, if interested.

But I agree that it's a stretch to say the state can't regulate private consenting relationships. All in all, though, it's a fascinating attempt to feel out the new boundaries of state power over relationships under Lawrence.

And yes, Clark, the intention is to take it to the Supreme Court, as stated by Plaintiffs' counsel in the hearing.

Thanks for the link, Ryan B. You are now the "man on the scene" for the Bloggernacle on this developing story.

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