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Supreme Court Recognises Equal Rights for Gays - Texas

26 June 2003

by Anai Rhoads
Veriana Media

With a 6 to 3 vote, the United States Supreme Court dismissed laws that previously denied homosexuals the freedom to have consenting sex in the privacy of their own bedrooms. The court considered the old decree to be in violation of privacy rights created by the Constitution.

The now abolished law that carried a fine of $500.00 per incident, had been active for the last thirty years in Texas, denying homosexual couples rights that heterosexuals have always been overlooked.

Legislative Repeal (26 + District of Columbia) Sodomy laws that have been repealed through legislative action which now includes Texas: [1]

• Alaska 1980
• Arizona 2001
• California 1976
• Colorado 1972
• Connecticut 1971
• Delaware 1973
• District of Columbia 1993
• Hawaii 1973
• Illinois 1962
• Indiana 1977
• Iowa 1978
• Maine 1976
• Nebraska 1978
• Nevada 1993
• New Hampshire 1975
• New Jersey 1979
• New Mexico 1975
• North Dakota 1973
• Ohio 1974
• Oregon 1972
• Rhode Island 1998
• South Dakota 1977
• Texas 2003
• Vermont 1977
• Washington 1976
• West Virginia 1976
• Wisconsin 1983
• Wyoming 1977

States whose sodomy laws are still dismissed by courts:

• Arkansas 2001
• Georgia 1998 (Powell vs. State, 510 S.E.2d 18)
• Kentucky 1992 (Commonwealth vs. Wasson, 842 S.W.2d 487)
• Maryland 1998 and 1999 (Williams vs. State, 1998 and Extra LEXIS 260 January 14, 1999)
• Minnesota 2001
• Montana 1997 (Gryczan vs. Montana, 942 P.2d 112)
• New York 1980 (People vs. Onofre, 415 N.E.2d 936)
• Pennsylvania 1980 but repealed in 1985 (Commonwealth vs. Bonadio, 415 A.2d 47)
• Tennessee 1996 (Campbell vs. Sundquist, 926 S.W.2d 250)

Kansas, Missouri and Oklahoma see acts of the same sex as criminal and enforce fines and prison time if caught. Kansas has a $1,000 dollar fine and 6 months of time. The same fine for Missouri, but with an additional 6 months. The strictest state is Oklahoma, which holds the maximum of 10 years imprisonment if found guilty of sodomy.

In medieval times, the Roman Catholic and Greek Orthodox Churches openly performed and even blessed homosexual unions. It was not until the 13th century where our culture began changing its view on specific groups. This limited the freedom of gays and lesbians, those suspected of "witchcraft" and more notably Jews. [2]

While sodomy laws were created to apply to everyone regardless of sexual preference or marital status, they unevenly invoked focus against gays and lesbians. Straight couples continued to perform oral and anal sex, yet the law kept an eye on homosexuals. Meanwhile, both straight and gay couples were in violation of state sodomy law in most states.

Sodomy statutes have been used to deny employment to gays in Florida and Georgia. Employers abused the Discrimination Act when hiring in Texas as well, but now new hope arises that discrimination of gays and lesbians will lessen or cease after today's ruling in the state.

North Carolina and Virginia are both against gays obtaining partial or full custody of a child raised by the couple upon separation. Sadly, even visitation rights are excluded because of sexual preference. The idea being that homosexuals may be a bad influence on a minor's emotional well-being.

This is the fear some conservatives expressed in the media today who opposed today's ruling. Some believe it is opening the floodgates for perversion, AIDS and other nonsensical theories.

Unfortunately, homosexuals have some length to go before becoming fully accepted on all stages in our society. Each coming day brings more positive news that the long sought after change is on its way.

© Copyright 2003 Anai Rhoads. International law prohibits resale, re-post and reprint of any kind without the author's permission. For licensing information, please contact Veriana Media

References:

[1] ACLU 'Crime' and Punishment in America

[2] Lochrie, Karma, McCracken, Peggy, and Schultz, James A. Constructing medieval sexuality. Minneapolis: University of Minnesota Press (Medieval cultures, v. 11).

Further Reading on Sodomy Law in America:

Sodomy Laws

ACLU Striking Down Texas Law Against Same-Sex Sodomy, Supreme Court Rights Egregious Wrong of 17 Years, Signalling New Era for Gay Rights 2003