Homosexuality and Legality....

[Guest biga]

Morning all,i like to pose a question if i may during discussions with some friends last night the topic came up of when homosexuality became legal here in the UK,after giving them the condensed version(Albany Trust,Leo Abse's bill and the House of Lords finally passing the bill to legalise homosexual acts between consenting adults in private back in 1967)this got me thinking about homosexuality in the USA, what are the laws regarding the legalisation of gay sex ,was there a law passed which covered the whole of the USA or does it happen on a state by state basis, is it legal in all 50 states!,i would be interested in hearing what the situation is,Thanks Andy

[Justice]

The laws are different in every state. Many states have repealed laws prohibiting gay sex. (In some cases the laws were over turned by the courts.) Sadly, gay sex is illegal in more than a few states.

[Justice]

Here's a link to the ACLU's website, which lists the status of sodomy laws in the US:

 

http://www.aclu.org/issues/gay/sodomy.html

[CT Dick]

The Lambda Legal Defense and Education Fund keeps track of this sort of thing.

The following link shows some maps of the 50 states with info on sodomy laws, gay protection, and partnership rights:

 

[link:http://www.lambdalegal.org/cgi-bin/pages/states/antidiscrimi-map]

 

Dick

[CT Dick]

Oops, the link didn't show up. I'll try again:

 

http://www.lambdalegal.org/cgi-bin/pages/states/antidiscrimi-map

 

Dick

[Guest Tampa Yankee]

You know it is interesting that this issue -- sodomy laws -- has never been brought up under the unenumerated right of privacy which is the lynchpin for Roe v. Wade -- not that this particular time may be the best time to use this silver bullet, if in fact it is one.

[+ deej]

This site not only lists where homosexuality is illegal, not just in the US, it also gives the age of consent in those areas where it is legal:

 

http://www.ageofconsent.com

[Guest Merlin]

The problem is, there is no such general right of privacy in the US Constitution. It was an ad hoc fabrication to reach a specific result and the US Supreme Court has been careful not to repeat the fabrication in other contexts, including the right to assisted death. If there were such a general right of privacy in our own bodies it would invalidate much of the US Code. If we had the right to control what we do with our own bodies how could it be illegal to use or supply recreational drugs? Or drugs not approved by the FDA? How could the US tax alcohol or tobacco since in cannot tax abortions? Where would it all end? Even if you believe there should be a right to abortion, Roe v.Wade right of privacy was a blatant lie which is unlikely ever to be extended.

If the Congress decides the pass federal legislation making homosexual acts or marriages legal nationally, it could and would rely on the power contained in the 14th Amendment to enforce the equal protection and due process clauses.

[OneFinger]

Biga,

 

I live in Salt Lake City (home for the 2002 Winter Olympics). Homosexual acts, even among consenting adults, is illegal. However, I have never seen an adult prosecuted EXCEPT when sex involved an under-aged minor.

 

There is a very large gay community in Utah and I've had no problems living an openly gay life. The Mormon Church is very anti-gay and there are real issues/problems for gay Mormons.

 

The HIV/AIDS education for public schools really sucks. It is illegal for teachers to even mention a condom. Everything that is taught centers around abstience and gay sex isn't even addressed.

[Guest Tampa Yankee]

Don't disagree about the nature of this right of privacy and the constitution. But once the wall is breached, the path is clear. All you need is five willing men/women to carry the charge. One difference between this issue and Roe v. Wade is that a breach had to be created for Roe... that is not the case now, the breach is waiting. There are other differences of course.

[Guest Jerry]

Unfortunately, the privacy argument has already been made. In the (infamous, IMHO) 1986 case of Bowers v. Hardwick, five of the nine U.S. Supreme Court Justices rejected that argument. You can read the full text of the case at http://laws.findlaw.com/us/478/186.html.

 

For the record, the five U.S. Supreme Court Justices who ruled that states have the right to criminalize sodomy were White, Burger, Powell, Rehnquist and O'Connor. Legal historians will view Bowers v. Hardwick as one of their greatest judicial failings. Rehnquist and O'Connor are still serving and might have the opportunity to redeem themselves. I wonder how O'Connor would vote today.

 

The four U.S. Supreme Court Justices who argued that states do not have the right to criminalize sodomy were Blackmun, Brennan, Marshall and Stevens. Of these four, only Stevens is still serving.

[Guest IM_Moore]

>This site not only lists where

>homosexuality is illegal, not just

>in the US, it also

>gives the age of consent

>in those areas where it

>is legal:

>

>http://www.ageofconsent.com

 

Be warned that the above site is not very accurate. All age of consent laws should be read completely to discover the various conditions of the stated age.

[CT Dick]

TY, don't you remember the Supreme Court upholding Georgia's sodomy law?

 

The privacy of the bedroom was the central defense and those august men (pre-S.D.O'Connor) didn't buy it. I doubt that we'd do any better with the Renquist court..

 

Dick

[Guest Tampa Yankee]

Dick,

 

Timing is everything...

[Guest Tampa Yankee]

I think O'Connor is the swing vote on this issue on today's court. While I might be surprised, I 'm not sufficiently comfortable with her to burn to take the shot now. Breyer is also not 100% in my mind but less uncertain than O'Connor IMHO.