Stop Beating a Dead Horse!
So essentially says the 11th Circuit to homosexuals challenging the constitutionality of Alabama's "deviate sexual intercourse" law.
In the wake of the Lawrence decision the statute has been declared dead by the Alabama Attorney General, who as the chief law enforcement officer of the state ought to know. But the corpse is not dead enough to suit the plaintiffs, who want the federal courts to drive a stake through its heart by adding our pronouncement to the Attorney General’s. For the reasons that follow, they don’t have standing to get us to speak on the subject beyond what we must say in order to dispose of their appeal from the district court’s dismissal of their complaint for lack of standing.