The Michigan Daily - Tuesday, December 3, 2002 - 7 Court to discuss inmate visitat1on WASHINGTON (AP) - The Supreme Court agreed yesterday to decide how far states can go in restrict- ing visits to prison in a case that could further limit the rights of the 1.4 mil- lion inmates now behind bars. The Court - which has previous- ly upheld limits on prisoners' books, packages and visitors - will decide whether Michigan prison officials can ban visits by some child relatives and former prisoners and can prevent some inmates from receiving anyone other than lawyers and clergy. Michigan imposed its rules in 1995. They were a response to sev- eral visitation problems, including one incident of child molestation during a visit, state Attorney Gener- al Jennifer Granholm said in her court filings. The rules were thrown out by the Cincinnati-based 6th U.S. Circuit Court of Appeals, which said they violated prisoners' First Amend- ment rights. "The regulations fall below minimum standards of decen- cy owed by a civilized society to those it has incarcerated," the appeals court said. Marc Mauer, assistant director of The Sentencing Project, an advoca- cy and research group that supports alternatives to incarceration, said family visits are important tools in rehabilitating prisoners. "We know having a supportive family is one of the most critical elements of successful reintegration into the community," Mauer said. "Generally speaking, we should be very wary about placing any addi- tional obstacles in the way of main- taining those relationships." The court is being asked to weigh a state's ability to control its prisons against the rights of inmates, a bal- ancing act that in the past has tilted in favor of government. The decision will help clarify which restrictions can be imposed on the 1.4 million inmates in state and federal prisons. Lunch break ;K }> Supreme Court agrees to tackle sodomy laws WASHINGTON (AP) - The Supreme Court reopened a homosexu- al rights issue yesterday, agreeing to decide a case that asks if it's unconsti- tutional for states to punish same-sex couples for having sex. Justices will decide if Texas violat- ed the rights of two men convicted, under a rarely used state law, of hav- ing intercourse. The Supreme Court has struggled with how much protection the Consti- tution offers in the bedroom. The Court ruled 5-4 in 1986 that consent- ing adults have no constitutional right to private homosexual sex, upholding laws that ban sodomy.. The latest case gives the Court a chance to overturn that decision and strike down sodomy laws in Texas and 12 other states. "I think most Americans would be shocked that there are still laws like this on the books," said the Texas men's lawyer, Ruth Harlow, legal director of the Lambda Legal Defense and Education Fund in New York. She said the latest census found more than 600,000 households of same-sex partners in America, includ- ing about 43,000 in Texas. Richard Ackerman, an attorney for the California-based Pro-Family Law Center, said he worried that the case might energize efforts to recognize same-sex marriages. He also said that states should be given leeway to pro- tect the public from the spread of dis- eases like AIDS. The court will consider: Is it an unconstitutional invasion of privacy for couples to be prosecuted for what they do in their own homes? Is it unconsti- tutional for states to treat gays and les- bians differently by punishing them for having sex while allowing heterosexual couples to engage in the same acts without penalties? Sodomy is abnormal sex, and in some states that's defined as anal and oral sex. Nine states ban consensual sodomy for everyone: Alabama, Flori- da, Idaho, Louisiana, Mississippi, North Carolina, South Carolina, Utah and Virginia. In addition, Texas, Kansas, Missouri and Oklahoma pun- ish only homosexual sodomy. States argue that the laws are intend- ed to preserve public morals. They are rarely enforced. "We don't believe there's any funda- mental right to engage in sexual con- duct of this kind. There's a long-standing shared cultural belief that the conduct is wrong," William Delmore, an assistant district attorney in Texas, said yesterday. t John Geddes Lawrence and Tyron Garner were arrested in 1998 in Lawrence's apartment, jailed overnight and later fined under Texas' Homosex- ual Conduct Law, which classifies anal or oral sex between two men or two women as deviate sexual intercourse. The Supreme Court was told the convictions would prevent the men from getting certain jobs, and would in some states require them to register as sex offenders. They were arrested after police responded to a false report of an armed intruder in Lawrence's apartment, called in by an acquaintance of the men. Police entered the unlocked apartment and found the men having sex. Lawrence and Garner were fined $200 after pleading no contest to mis- demeanor charges. Over the past decade, state courts have blocked sodomy laws in Arkansas, Georgia, Kentucky, Mon- tana, and Tennessee. A Louisiana appeals court recently upheld that state's 197-year-old law banning all oral and anal sex. The Supreme Court's 1986 decision, Bowers v. Hardwick, involved a chal- lenge of Georgia's law, which carried a maximum penalty of 20 years in prison for anyone who engaged in sodomy. The case is Lawrence v. Texas, 02-102. PATRICK JONES/Daily LSA senior Kristen Ottinger studies at Amer's Deli on State Street yesterday afternoon. DECISION Continued from Page 1. continue to progress and not regress." Alger said a diverse student body allows students to learn from each other inside and outside the class- room. "What we're talking about is a matter of educational quality for all students," Alger said. "That is an impor- tant part of our mission." He said the University's consideration of race does not change the fact that all accepted students are aca- demically qualified. "No student is shielded from competition with other students because of their race," he said. Former University President Lee Bollinger, who is named as a defendant in the lawsuits, said a Supreme Court ruling on the University's cases will be felt throughout higher education. "This is not a University of Michigan case ... it is really about relationships between parts of American society," Bollinger told The Michigan Daily. "It is a matter of confronting the issue and settling it - only the Supreme Court can do that," he added. COURT Continued from Page 1 in regards to race in admission was Regents of the University of California v. Bakke where the Court said race can be used in admissions as long as it furthers a com- pelling state interest and avoids quotas. "Precedent is not cast in stone," Abraham said. "What is judge-created can be judge- destroyed." He added that in terms of the use of race in admissions, the precedent is so muddled it does not mean anything anymore. "For 25 years the courts have shied away from drawing what Justice Ginsburg termed the 'white line,"' Abraham said, adding the Court has apparently decided today to "bite the bullet" and address the issue. Unlike inferences about possible Court decisions, the procedural intricacies of the Supreme Court are standard and relatively predictable. Sources familiar with Supreme Court pro- cedure said the Court will hear both cases separately, most likely on the same day. Oral arguments are normally given a one-hour limit, with the time evenly divided so both sides can present their case. The University will be forced to decide how much of its 30 minutes it will all of the intervenors. "They are sticklers on time," sources said, adding that justices have been known to cut attorneys off mid-sentence. "The lawyer does start with an argument, but rarely is uninterrupted," Georgetown Uni- versity law Prof. Susan Bloch said. "What's really decisive are the written arguments." She said the University's arguments will be tailored according to their knowledge of the justices' previous voting patterns. "They've been conscious of the Supreme Court from the first day of litigation," she said. "They'll try to convince the Court there's no quota (system)." The University will talk more about the related constitutional issues, they said, and less about the specific admissions plan. Both sides will argue about what the 14th Amend- ment's equal protection clause indicates with regards to race in admissions. In deciding to hear both the University's Law School case and the undergraduate case, the Supreme Court took an unusual step by accepting the undergraduate case before the 6th Circuit Court of Appeals had ruled on the case. The last time a case skipped the circuit level and went straight to the Supreme Court was United States v. Nixon that led to the release of the Watergate tapes in 1974. "It's an unusual circumstance, though the 6th Circuit engaged in unusual activity by not (announcing a decision)," Culp said. "The Supreme Court is simply not waiting for that decision to come. "There's now a clear schedule," Bloch said. The exact date of argument will be announced in January, and will most likely be scheduled for March or April of 2003. On this timeline, the Supreme Court is expected to announce a decision by the end of June. the michigan daily AVAILABLE MID DECEMBER- Summer. 912 S.Forest 2 bdrm. bi-level apt., 1 1/2 bath, e A kitch., dining area, living room, on-sight Idry., P free prkg., A/C, new carpet & furniture, close g N to campus. Call Michelle 734- 222-9083 or 215-514-0517. FABULOUS BDRM. AVAIL. Jan. 1 in 4 I l bdrm. E. Kingsley house. 4 fun housemates, prkg.,ldry. $430/mo. Call734-996-2967. 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