Matthew Hoffman

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Attorney for man accused of incest asks: if homosexual sex is legal, why not this?

Matthew Hoffman

December 17, 2010 (LifeSiteNews.com) - The attorney for David Epstein, a Colombia university professor charged with incest with his adult daughter, is defending sex between family members by appealing to homosexual “rights” as a precedent.

Epstein’s lawyer, Matthew Galluzzo, told ABC News that “It’s OK for homosexuals to do whatever they want in their own home. How is this so different? We have to figure out why some behavior is tolerated and some is not.”

“What goes on between consenting adults in private should not be legislated. That is not the proper domain of our law,” Galluzo told the Huffington Post, which publishes Epstein’s articles. “If we assume for a moment that both parties are consenting, then why are we prosecuting this?”

“Academically, we are obviously all morally opposed to incest and rightfully so,” Galluzzo stated in his interview with ABC . “At the same time, there is an argument to be made in the Swiss case to let go what goes on privately in bedrooms.”

Galluzzo was referring to a Swiss legislative initiative to legalize incest between consenting adults, a measure that has not been approved and is reportedly rejected by 60% of Swiss citizens.

Professor Joanna L. Grossman, in an interview with ABC News, pointed to the wording of of the 2003 Supreme Court decision striking down sodomy laws.  The decision, said Grossman said that the government cannot prohibit “private, consensual, sexual or intimate conduct that does not involve minors or coercion.”  The same words, by implication, would make incest legal.

Galluzzo denies that Epstein’s daughter, who was 21 years old when the relationship allegedly began, is a victim.  While insisting that the charges are “only allegations” and are unproven, Galluzzo claims that Epstein’s daughter could “best be described as an accomplice”.

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