In a few months, the Supreme Court will hear a case and decide if it is unconstitutional for states to treat gays and lesbians differently by punishing them for having sex while allowing heterosexual couples to engage in the same acts without penalties.
The case that brings all of this to light involves two consenting adults, John Lawrence and Tyron Garner. The two men were engaged in anal sexual intercourse when officers entered Lawrence's unlocked apartment.
The officers were investigating a report of an armed man "going crazy."
Lawrence and Garner were arrested and charged with violating the Texas Homosexual Conduct Law. They pleaded no contest to the charges and they each were fined $200.
A decision from the Supreme Court is expected by the end of June.
Since 1860, Texas has had a sodomy law, which applied to all genders and orientations. In 1974 the state legislature revised the law removing prohibition against sodomy between opposite sex partners, leaving the penalties for same sex partners.
Sodomy is defined as abnormal sex - in some states including anal and oral sex. Nine states ban consensual sodomy for everyone: Alabama, Florida, Idaho, Louisiana, Mississippi, North Carolina, South Carolina, Utah and Virginia. Four states punish only homosexual sodomy: Texas, Kansas, Missouri and Oklahoma.
The Supreme Court also faces the question: Is it an unconstitutional invasion of privacy for couples to be prosecuted for what they do in their own homes?
Kevin: This case just sounds crazy. Why does the government feel the need to peer into America's bedrooms and tell us what we can and can't do? Do we shed our rights when we step into our bedrooms? We're talking about two legal and consenting adults participating in acts in the privacy of their own home.
Mat: Have we gone completely backward in time? It's now 2003 and it's time to grow up. By fining these two individuals, is it going to "fix" them? Is it going to help them see the light and become less "sinful?" No.
Kevin: What needs to be fixed are the anti-gay laws. Even though the laws are rarely used, by merely having them on the books, it's making a statement. It's saying: you're not welcome here.
Mat: These anti-gay laws and the enforcement of those laws do not help anyone. Other than helping thousands of narrow-minded folks around the nation feel better about themselves saying, "Damn right, get those fags," this helps no one. It only hurts people - people who happen to have a different lifestyle than the majority of Americans. These guys were not hurting anyone.
I can't believe it is even a debate. In this day, we have come so far, but we continue to limit ourselves to the point where we are going backward.
Final thought: If you are a witch, run.
Write to Kevin and Mat at twobsuguys@yahoo.com
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