(Lily 4.2003
m7ìT7TF7n3Wws
T rail B lazers
t took long enough, hut with the U.S.
was gone for gixxl. A common law against
sodomy did not exist to replace the repealed law.
Supreme Court ruling June 26 in
Lawrence vs. Texas, it seems sodomy laws
“I don’t know why some 30 years went by
are finally on their way out.
before anyone was prosecuted under the law,"
Oregon repealed its sodomy law in
In 1971 Oregon became just the fourth state to repeal its sodomy law Painter states. “But it goes with that high Victo­
1971 as part of a revision of the entire criminal
rian morality of the late 1880s as being a time
by Pat Young
code. While that was clear, the early history of
for very increased agitation for so-called moral
the statute is a hit fuzzy.
laws. Back in those days most people just
It was common practice for new territo­
meekly went to jail.”
ries to adopt the laws of existing territories.
However, in 1913, sixlomy definitely
So in 1843, when Oregon’s white settlers
made the news when several men were
created a Blue Book, they pretty much
arrested as part of a vice scandal. Their
adopted the laws of Iowa. And Iowa had
lives were mined as they appealed their
adopted the laws of Wisconsin, which had
arrests. One was a doctor who lost his
adopted the laws of Michigan, which had a
license. Another was an attorney who kept
sodomy law on the Kxiks.
his license, but no one would practice law
Therefore, it would seem Oregon out­
with him. A third man left the country.
lawed sodomy in 1843. Not quite, says
As a result of this scandal, the sixlomy
George Painter, who has done extensive
law was revised to have a broad definition
research on the states sodomy statutes.
so that practically any erotic act was cov­
“Some people think this so-called Blue
ered by it, Painter notes. It also raised the
maximum penalty from five years to 15
Btxik was a legitimate government act,
The fuzzy origin of Oregon’s stxlomy statute dates back to 1843, when white settlers created a Blue Book
years. Meanwhile, an “attempt" to commit
while others don’t," he explains. “Even
based on Iowa laws
those who think it was actual law, they are
sixlomy was considered a crime under Ore­
Three years later, the Legislature passed
and an animal that would create some half­ gon’s general “attempts statute.”
not sure which Iowa cixle was adopted.”
another criminal code. This time stxlomy was
One version of the Iowa cixJe made stxlomy
“ In 1971, Oregon became just the fourth
human monster. T he anal sex provision is
mentioned along with its common-law defini­ because in medieval rimes in witchcraft, it state to repeal its sixlomy law, so it was a very
illegal. The other didn’t. That’s because in 1840
early repeal,” Painter says. “And it was done as
tion. People who violated the law faced a penal­ was believed that the devil engaged in anal
Iowa abolished all Wisconsin laws and created an
tf
part of the comprehensive criminal code revi­
ty of one to five years in the penitentiary.
sex.
Iowa axle, which didn’t mention stxlomy. If that’s
sion. That way it attracted far less attention.”
The common-law definition of sodomy
In 1873, the Oregon Supreme Court mled
the case, then it’s possible that Oregon adopted
Painter gives several reasons for the repeal.
remaihed on the books until 1913, when it was
that there were no common-law crimes in Ore­
the 1840 axle anti that stxlomy was legal.
gon. That’s different than a common-law defin­ For one, it was virtually impossible to enforce a
revised. The common-law definition limited
“When the Oregon territory was created by
ition, according to Painter. “If you are in a juris­ law against private consensual behavior. People
Congress in 1848, all existing laws were recog­ sodomy to anal sex between any two persons, or
could be blackmailed under the law. And final­
sex between a human and an animal of the
diction that recognizes common-law crimes,
nized, but we don’t know the legal status of
that means something can be against the law- ly, “there was just this feeling that this was not
opposite sex.
stxlomy prior to that,” Painter says.
“T he opposite-sex clause is in there
even though there is no law against it because an appropriate role for government to play.” JH
The issue remained in limbo until Oregon’s ter-
common law is unwritten law."
because of the medical ignorance of the
ritonal Legislature issued its first official criminal
time,” Painter says. “ It was believed that con-
The “no common law” ruling meant that
PAT Y O U N G is a Portland free-lance writer and
cixle in 1850. The ctxle did not mention stxlomy,
ception could take place between a human
when the sodomy law was repealed in 1971, it gay and lesbian historian.
st) it was clearly legal. But that didn’t last long.
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