(M t
» decombei 19. 2003
LOS ANGELES
ON SO MANY FR O N TS
IN TH IS Q U EER Y EA R
AND JUST
ONE PAIR
OF GLASSES?
w hat do they have in common?
SYPHILIS
w hat are wo going to do about it?
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mirror
he U.S. Supreme
Court ;xlded a fit
ting capstone to a
month of Gay
Pride celebrations
June 26 when it stmek down
sodomy laws that remained on the
hxrks in 1 3 states.
Perhaps the most satisfying
portion of Lawrence vs. Texas
was its blunt and complete
rejection of the 1986 court deci
sion that had allowed states to
regulate sodomy. “Bowers was
not correct when it was decided,
and it is not correct today. It
by
B o b R o ehr
ought not to remain binding
precedent. Bowers vs. Hardwick
should he and now is over
ruled," Justice Anthony
Kennedy wrote for the majority.
“The petitioners are entitled to
respect for their private lives.
The state cannot demean their
existence or control their des
tiny by making their private
sexual conduct a crime.”
U.S. Sen. Rick Santorum,
R-Pa., generated a firestorm of
controversy in April with homo
phobic remarks. Anticipating
the possibility of the Supreme
Court striking down sodomy
laws, he said: “You (then) have
the right to bigamy, you have
the right to polygamy, you have
the right to incest, you have the
right to adultery. You have the
right to anything.”
R uth Harlow of Lambda Legal and Paul Sm ith, the attorney
The sixlomy provision of
who argued the Lawrence case, outside the U .S. Supreme
Article 125 of the Universal
C o u rt after oral argum ents
Code of Military Justice is per
“The Massachusetts Constitution affirms the
haps the last standing sodomy law in the U n it
dignity and equality of all individuals, lt forbids
ed States, and an underpinning of the anti-gay
the creation of second-class citizens.. .the [state]
military policy known as “don’t ask, don’t tell."
has failed to identify any constitutionally ade
In a case filed July 7 in the U.S. Court of
quate reason for denying civil marriage to same-
Federal Claims, Lt. Colonel Loren Stephen
sex couples," wrote Chief Justice Margaret 11.
Loomis used the Lawrence decision to appeal
Marshall in the majority decision.
his discharge from the military. That decision is
Reviewing state marriage law and implemen
expected in early 2004, though the case may he
tation, the court summarized, “In short, for all
decided on nonconstitutional grounds.
the joy and solemnity that normally attend a
marriage (the law] governing entrance to mar
riage is a licensing law." Rather than throw out
the marriage law as unconstitutional, it remand
ed the case to the trial court and delayed its
implementation for 180 days “to permit the
Legislature to take such action as it may deem
appropriate in light of this opinion.”
Social conservatives had proposed the Federal
Marriage Amendment to the U.S. Constitution
as far hack as July 2001 as the only way ultimately
to ban gay marriage, defining marriage specifically
as “the union of a man and a woman." lt was
Michael Stark (left) and Michael Leshner,
introduced in the House in May 2002 bin not in
the Senate until Nov. 25 of this year.
the first same-sex couple to he legally
“This amendment has very little to do with
married in Canada
.
marriage as such, and everything to do with
homosexuality,” opined gay conservative pundit
n Canada, the O ntario Court of Appeals
upheld a lower court ruling June 10 to legally
Andrew Sullivan, writing in The New Refyuhlic
Online. “If the social right wanted to shore up
allow same-sex marriages, saying, “The existing
marriage, they could propose an amendment
common law definition of marriage violates the
tightening up divorce laws...hut they haven’t.”
couple’s equality rights on the basis of sexual
Former U.S. Rep. Boh Barr, R-Ga., chief
orientation." British Columbia became the
second province to legalize same-sex marriage a
author of 1996’s anti-gay Defense of Marriage
month later, and Prime Minister Jean C hretien
Act, opposes the am endm ent and has said, “I
think that the states ought to he able to make
said that his government would introduce simi
that decision themselves |on gay marriage or
lar national legislation in early 2004.
civil unions], as long as they do it properly."
All parties were anxious tor the other shoe to
drop in the form of a ruling on same-sex marriage
Major Democratic candidates for president
have performed their own waffling act. They
hy the Massachusetts Supreme Judicial Gnirt.
strongly denounce discrimination against gays
That body has a tradition of rapidly issuing its
hut just as quickly dismiss the court’s remedy
opinions and most expected the decision hy early
for that discrimination and, like President
summer, hut the wait stretched out to Nov. 18.
T
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