Editorial
High court should
nullify sodomy laws
Can two consenting adults be arrested for participating
in oral or anal sex in the privacy of their own home? In 26
states — yes. In five of these, only people of the same sex are
subject to arrest. But are the laws enforced? Yes. and
primarily against homosexuals.
In 1982, Michael Hardwick was arrested for sodomy in
'Georgia. A policeman saw the man committing a homosex
ual act through a partially open bedroom door and arrested
him. Hardwick challenged Georgia’s statute, which pro
hibits ‘‘any sexual act involving the sex organs of one person
and the mouth or anus of another,” on the basis that it
violates his constitutional right to privacy. .
A federal appeals court supported Hardwick’s claim
and the prosecution appealed to the U.S. Supreme Court. In
an unusual move, the high court decided Monday to rule by
July on the constitutionality of the sodomy statute.
If the Supreme Court declares the sodomy statute to be
unconstitutional, which we sincerely hope it does, similar
statutes across the nation would be invalidated. These ar
chaic and discriminatory statutes should have been, con
demned long ago.
You may very well ask: What exactly is sodomy? Accor
ding to the statutes of five states, Massachusetts, Michigan,
Mississippi, Oklahoma, and Rhode Island, it is the
‘‘abominable and detestable crime against nature.’.' Others
define it as the “infamous crime against nature,” or as
“deviate,” “perverted” or “unnatural" sexual intercourse.
Only 13 states define sodomy as specifically oral or anai
sex, and five of these specifically apply the law only to peo
ple of the same sex.
Oregon, fortunately, has no such law. ...
And what are the penalties if convicted of sodomy? In
three states, Michigan, North Carolina and South Carolina,
sodomy is a felony. In three others a conviction carries, a
maximum sentence of 20 years. Fines vary, but in Montana
the maximum fine is no less than $50,000.
Most of the.statutes apply to couples who are married or
unmarried, heterosexual or homosexual. A couple still
would be guilty under all of the laws even if both of the peo
ple had given consent, and all of the laws pertain to acts in
complete privacy as well as in public.
Also, because enforcement of the statutes aims at
homosexuals, the laws are discriminatory. Even without a
criminal penalty, a conviction or even an indictment could
damage an individual’s employment prospects. The very ex
istence of the laws serves to propagate prejudice against
homosexuals, and because homosexuals are often the only
targets of enforcement, they are being deprived of the
constitutionally-guaranteed right to equal protection of the
law.
That we think these statutes are ridiculous would be an
understatement. We adhere to the notion that the Constitu
tion was based on the principles of autonomy and thus in
herently protects a citizen’s right to privacy. We accept that
the right to privacy includes the right to choose a sexual
partner and private sexual practices.
The Supreme Court explicitly recognized a constitu
tional right to privacy in 1965 and has since strengthened
the stance with decisions regarding the right to use con
traceptives and obtain an abortion. We strongly encourage
the court to extend it to protect the right of consenting adults
to participate in oral or anal sex if they so choose. State
governments have no place in deciding the private sexual
practices of consenting adults.
Letters
Nasty tone
I was shocked by .the vindic- "
tive and nasty tone of the
Emerald's editorial about IFC
chair James Randall and the free
coffee “perks” given to EMU
administrators., ;•
I'realize that a few . members
of the Emerald staff are very
angry that the IFC, as a commit
tee. has raised the issue of stu
dent representation on the
Emerald’^ board of directors:
1 also realize that there may be
some hard feelings toward the
IFC members who are part of the
diverse group that is giving the
Emerald a hard time on the
issue of insensitivity toward
minorities.
But the fact of the matter is
that the IFC is in the process of
taking a hard look at where and
how student fees are used in the
EMU. This includes the
forthcoming audit of EMU
operations. This is a good thing,
not a bad thing.
Your absolutely unprofes
sional personal attack was wor
thy of a name-calling rag like
the Commentator, not of a real
newspaper.
Roscoe Caron
Student Senate
Education
Let's not forget
Ronald Munion, once again
the message that you need to
convey to people is lost in your
usual political garble. You are a
champion of free speech, and
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anyone who has talked or taken,
a class-with you will attest to
this. David Herman is also for
free speech.
You attack Herman for not
boycotting films like "The Deer
. Hunter ’’ or Apocalypse Now.”
but you wonder why he didn't
boycott these two fine films. In
the .case of "The Doer Hunter,”
we are given an accurate por
trayal of the Vietnam ex
perience for Americans in a
historical framework
"Apocalypse Now” portrays
the brutality of what was
Vietnam.
It is immoral to advocate the
message that Vietnam was ac
ceptable and that the typical vet
is a crazed survivalist who will
jump at the chance to solely
rescue the remaining POWs in
Vietnam.
The defeat that America suf
fered in Vietnam should remind
us that we have no right to
trespass on other countries'
developing political systems.
This country fought for the right
of self-determination and let’s
not forget that. Yet it has been
our policy, and especially the
current Administration’s
policy, to inflict its will on
other nations of the world. We
need people like David Herman
to raise the political con
sciousness of others so that the
U.S. government’s activities in
Grenada, El Salvador, Nicara
gua and Vietnam will not go un
noticed or condoned by the
American people.
Blake Louis Sliter
Political Science
Build a 7-11
Steve McCurdy has a point
(OI)K, Nov. 4} in his letter. After
all, a tennis court is no place for
a game of tennis anyway. One
suggestion Steve: Take a closer
look around campus. There is
an obvious theme that pervades
area development. In keeping
with this theme, I suggest a 7-11
store be built at the tennis court
location. Hospital expansion
was under serious
consideration.
I respect his priorities in plac
ing student parking before
recreation, but the lack of a
‘‘freedom store” in one three
block area of campus is of grave
concern to the convenience
conscious Eugenian.
Paul Sullivan
journalism
Like Caesar
Gee. I sure wish I were editor
of the Oregon Daily Emerald!
Why . if l were editor. I would be
something more than an "or
dinary" student — I would be
like Caesar! With my jour
nalistic objectivity. I could
stand in the middle of a crowd
of students, say at an apartheid
rally, and not feel anything!
And the next day, I would tell
the whole student body, on my
editorial page, just what a
useless rally it really was.
I could express whatever
political view pleased me that
day. and not even have to sign
my name to it. If anyone should
complain, I could again seize
the editorial page for my rebut
tal: "The Emerald no longer
will tolerate these sweeping
stabs of racism and sexism, bom
out of misunderstanding and
nurtured in ignorance." Hah!
To be editor of the Oregon Daily
Emerald. . .
But then, maybe I would
grow tired of feeling so power
ful and long again for the sim
ple life of an "ordinary"
student.
Steven M. Richkind
Eugene
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Editorials are not signed to
represent that they reflect this
collective opinion of the six
member editorial board. The
commentary referred to in the
second paragraph was written
by the editor.
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