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A Respect for World Opinion - common principles

In 2002, the Supreme Court prohibited the execution of those mentally retarded, noting that the practice is overwhelmingly disapproved around the world. In 2003, it struck down prohibitions on gay sex, which it called “an integral part of human freedom in many other countries.” In 2005, the court prohibited the execution of minors, again noting global opinion. “It does not lessen our fidelity to the Constitution or our pride in its origins,” Justice Anthony Kennedy wrote in that case, to acknowledge “the express affirmation of certain fundamental rights by other nations and peoples.”

Posted on Tuesday, August 3 2010.
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