20.2002
nTÎTÏÏTITHlnews
T
he U .S. Supreme Court an
nounced Dec. 2 that it will hear a
case challenging the constitution
ality of Texas’s “Homosexual C on
duct” Law, which criminalizes oral
and anal sex by consenting couples and is used
widely to justify discrimination against gay men
and lesbians.
U.S. Supreme Court agrees
“This is a significant step forward because it
means the court has seen the serious constitu
to hear Texas sodomy case
tional problems with these laws and is willing to
C om piled bv Jim R ad o sta
look at them closely,” lead attorney Ruth Har
low said. “We now have an opportunity to con
increased exponentially since 1986, and we
vince the court to remedy the widespread harms
believe a more informed view of constitutional
to lesbian and gay people caused by Texas’ law
protections for gay people can now prevail.”
and others like it."
Since the 1986 decision, Lambda Legal has
Lambda Legal represents John Lawrence and
helped strike down similar laws in numerous
Tyron Gamer, who were arrested in Lawrence’s
state courts, including Montana, Tennessee and
Houston home and jailed overnight after offi
Georgia. In July, the Arkansas Supreme Court
cers responding to a false report from an
ruled in favor of seven gay men and lesbians
acquaintance found the men engaged in private, Justices will hear oral arguments in the case this spring
who said the state’s sex ban jeopardized their
consensual sex. Once convicted, they were
least in part on such statutes include: a Missis lesbians in everyday life. These statutes typical employment, their legal relationships with their
forced to pay fines and now are considered sex
children and their standing as equal citizens.
sippi
man who was denied custody of his own
ly ban oral and anal sex with penalties ranging
offenders in several states.
The U.S. Supreme Court, which agrees to
child; a Georgia woman who was rejected for from fines to 20 years in prison.
“The state should not have the power to go
hear about 2 percent of the cases brought to it
The Supreme Court will hear arguments on
government employment; a lesbian minister in
into the bedrooms of consenting adults in the
each year, has heard only a handful of cases about
Puerto Rico who was told not to testify at a leg whether the Texas statute violates the U.S.
middle of the night and arrest them,” Harlow
the rights of gay men and lesbians. “The court has
said. “But that’s only the beginning of the dam islative hearing; two lesbian foster mothers in Constitution’s guarantee that laws must protect
recognized that this is a tremendously important
Texas whose foster child was taken from their and apply to people equally, as well as whether it
age done by this law and others like it around
case for gay people and for all who believe in basic
the country. These laws are widely used to justi home; and a North Carolina man whose two violates the right to privacy. In 1986, the court
constitutional freedoms, and it did the right thing
sons were taken away from him.
ruled that Georgia’s law banning consensual
fy discrimination against gay people in everyday
life; they’re invoked in denying employment to
In addition to Texas, Kansas, Missouri, Okla sodomy did not violate privacy rights. In bring by allowing us to be heard,” Harlow said. “We’re
ing the Texas case, Lambda Legal asked the jus looking forward to making a powerful and con
gay people, in refusing custody or visitation for
homa and Puerto Rico still have consensual
vincing case that these laws are an affront to
tices to reconsider that ruling.
sodomy laws that apply only to gay people. Nine
gay parents and even in intimidating gay people
equality, invade the most private sphere of adult
“It’s tremendously significant that the court
out of exercising their First Amendment rights.” states— Alabama, Florida, Idaho, Louisiana,
is revisiting a previous ruling that has done sub life and harm gay people in so many ways.”
Laws like the one in Texas are used as an
Mississippi, North Carolina, South Carolina,
Lambda Legal’s opening brief is due in mid-
stantial harm to gay Americans for so many
Virginia and U tah— still have consensual
excuse for generally denying basic rights and
sodomy laws that apply to straight and gay years,” Harlow said. “Society’s knowledge about January. The court will hear oral arguments in
equal treatment to gay men and lesbians.
gay people, gay families and gay lives has I the case this spring. J H
adults but are invoked only against gay men and
Recent high-profile cases specifically relying at
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