A litte help if you please, on my Gay Rights paper for school..

[SallyBrown]

Posted: 3/8/05 at 10:26pm

Okay so we're doing controversial issues in SOS class, for a paper, and I chose Gay Marriage..so I was looking at history of gay rights, and I stumbled up on a court order by the Supreme Court that allowed sodomy in private homes, with this story about how these 2 men were arrested for sodomy in the privacy of their own homes...I totally missed something, so gay relationships were at one point completely illegal even in privacy?

[SallyBrown]

Posted: 3/8/05 at 10:31pm

p.s. hope this doesnt offend anyone, i posted this on another Broadway message board and ppl attacked me

[brdlwyr]

Posted: 3/8/05 at 10:36pm

Lawrence v Texas – this is not a case about just gay relationships, but about the protection of consenting adults to choose actions in the bedroom. There are many state laws on the books today prohibiting sodomy which includes various sexual conduct. The Supreme Court in that case again recognized that the right to privacy includes the right of consenting males to engage in sex without the state intruding.

This overturned Bowers v. Hardwick in which the Court previously had upheld a Georgia sodomy statute.


You can read the opinion at:

http://www.supremecourtus.gov/opinions/02pdf/02-102.pdf

Updated On: 3/8/05 at 10:36 PM

[SallyBrown]

Posted: 3/8/05 at 10:39pm

oooh ok thank you!!

[Elphaba]

Posted: 3/9/05 at 9:36am

I thought Lawrence vs texas NEGATED any remaining states laws against sodomy.
AND.....these laws were not only against gays. It was against sodomy. So, a man caught sodomizing his wife could face the same punishment, BUT.......most of us feel that it was aimed at gays.
Congrats on taking on such a subject for a school paper. When I was in school things like this weren't even discussed.

[PalJoey]

Posted: 3/9/05 at 10:05am

Here's the link to the section on Lambda Legal's website about Lawrence vs. Texas.

From the website:

In the most significant ruling ever for lesbian and gay Americans’ civil rights, the U.S. Supreme Court struck down Texas's "Homosexual Conduct” law, which criminalizes oral and anal sex by consenting gay couples and is used widely to justify discrimination against lesbians and gay men.

“On June 26, the U.S. Supreme Court closed the door on an era of intolerance and ushered in a new era of respect and equal treatment for gay Americans,” said Ruth Harlow, Legal Director at Lambda Legal and lead counsel on the case. “This historic civil rights victory recognizes that love, sexuality and family play the same role in gay people’s lives as they do for everyone else.”
Lambda Legal Lawrence vs. Texas

[bwaysinger]

Posted: 3/9/05 at 10:36am

Is fellatio still illegal in Florida? Seriously, it's on the books as illegal there. I'm just curious exactly how broad the reach of Lawrence v. Texas is.

[Elphaba]

Posted: 3/9/05 at 10:46am

hmm, I thought that law made sexual acts between consenting adults in the privacy of their own homes legal, nationwide. Maybe I was wrong?

[TxTwoStep]

Posted: 3/9/05 at 10:51am

i think the various state statutes are very complex. There was a very interesting TV movie, i think, about the Hardwick case in Atlanta---something about a lesbian working in the office of the ruling judge---or something like that. The original case from Georgia has quite a history, but i'm not sure how connected it is to the issue of "gay marriage."

[MargoChanning]

Posted: 3/9/05 at 11:21am

Lawrence vs Texas negated the remaining sodomy laws that were still on the books in some 37 states. So, no fellatio is no longer illegal in Florida. Enjoy!

[TxTwoStep]

Posted: 3/9/05 at 11:22am

to include some of the research you've already found, you might want to broaden your topic to "Gay Rights and the Courts."

[brdlwyr]

Posted: 3/9/05 at 11:29am

Margo - many of the laws have not been repealed by the states, so there is always the pssibility of prosecution for acts of sodomy. But, in light of the hold in Lawrence - you would hope that any complaint or citation would be dismissed.

[bwaysinger]

Posted: 3/9/05 at 11:32am

Wait, but the Supreme Court has the power to force states to overturn laws...so did it indeed eliminate all sodomy laws (and fellatio isn't really sodomy but I guess we're just generalizing here) or is it just going to be used to pressure other states?
I'm still waiting for the Supreme Court to tackle the Doma. It is so unconstitutional to allow states to make null and void legal arrangements made by persons in other states.

[SallyBrown]

Posted: 3/9/05 at 11:49am

woah thanks for the help everyone!

[jrb_actor]

Posted: 3/9/05 at 1:17pm

Actually, I believe that fellatio would have been considered sodomy in these instances.

The sodomy laws that did exist depended on the state. Some states did indeed outlaw sodomy for anyone--straight or gay. But some states (such as Texas) ONLY outlawed sodomy between men, thus creating discrimination.

Sally--I have a number of my own thoughts on the subject in my blog as well as links to sites that discuss this matter. Maybe some of it will be of help to you?

[SallyBrown]

Posted: 3/15/05 at 11:12am

Thanks so much jrb_ actor! Your blog helped a LOT!