Victory In Texas
By Keith Boykin, in politics
Thursday, June 26 2003, 10:09AM
Seventeen years ago, the U.S. Supreme Court upheld an antigay sodomy law in Georgia. Today, in a 6-3 decision, the Supreme Court finally reversed itself and struck down an antigay sodomy law in Texas. If the infamous 1986 Bowers v. Hardwick case was the Plessy v. Ferguson for the gay community, then today's Lawrence v. Texas case may become the Brown v. Board of Education of the LGBT movement.
In the 1986 Bowers case, then Chief Justice Burger wrote: "To hold that the act of homosexual sodomy is somehow protected as a fundamental right would be to cast aside millenia of moral teaching."
Justice Powell joined in the majority's opinion then but expressed skepticism about the potential 20 year length of sentence for the crime. "In my view, a prison sentence for such conduct -- certainly a sentence of long duration -- would create a serious Eighth Amendment issue," he wrote.
After retiring, Justice Powell recanted his position and acknowledged that he should have voted the other way. Today, even without Justice Powell, the Court finally did the right thing.
Writing for the majority today, Justice Kennedy said: "Bowers was not correct when it was decided, and it is not correct today. It ought not to remain binding precedent. Bowers v. Hardwick should be and now is overruled." Thus, for the first time in history, gay sex is no longer a crime in the United States of America.
Thank goodness. It's ridiculous that we even had to have this debate in the first place. It's time, once and for all, to recognize the principle that nonviolent, private consensual adult sexual behavior should not be criminalized. Hopefully, today's decision will move us in that direction.
There is a larger significance to today's case. Coming on the heels of the recent Canadian decision to permit gay marriage in that country, today's landmark decision will encourage a backlash from the so-called religious conservatives. The conservatives also realize they have lost one of their best arguments against same-sex marriage -- the idea that marriage cannot be legal if sex between the two parties can be illegal.
No doubt, the right-wing will fight like hell to turn back the clock on the progress that's being made across the world. They know, better than most, that they are slowly losing the culture wars.
Gays and lesbians who want to preserve their freedom would be wise not to rest on their laurels. Today is a time to celebrate and remember how far we have come. But it is also a time of reflection and planning as we consider how far we still must go.
Supreme Court strikes down Texas sodomy law
Read the Supreme Court opinion here
Comments conceal
alicia banks
June 26 2003, 12:13PM
thank god for some belated legal sanity!!
oh happy day
peace
ab
ronn
June 26 2003, 12:13PM
As always, you make a complex issue simple to understand.
It is a great day and I'm not surprised by Clarence "Chief Lawn Jockey" Thomas voting in the minority.
Cederico
June 26 2003, 1:54PM
A very important note about this ruling. The 6-3 vote was specifically to strike down the Texas homosexual only sodomy law. The Justices then held a seperate vote on whether to overturn Bowers vs Hardwick. The vote there was 5-4 in favor of overturning the 1986 Bowers ruling.
So now it is totally legal for gay consenting adults to have sex in all 50 states and territories. I live in Florida and was raised in Mississippi, so I finally am not breaking the law when me and my partner get busy.
Cmoney
June 26 2003, 11:12PM
I knew that each time I had sex with a man, I was striking a "blow" for justice and my rights under the Constitution!! Liberation sex is the best sex. Those who don't like it can [insert your favorite form of sodomy here] me! But seriously, this ruling is revolutionary for this country and especially for this Court. Perhaps this is what sent Strom Thurmond over the edge. Could it get any better?
Troy Cooper
June 28 2003, 8:14AM
The decision of the Supreme court helps to validate us and increase our self image in the GLBT. The court has also reached back to the case of Matthew Limon and ordered the Kansas appeals court to further consider the case in light of this historic ruling.
Miguel
June 29 2003, 4:06AM
Um, Keith, what is wrong with VIOLENT, private, consensual adult sexual behavior? :)
Jessica Darlene
April 15 2004, 9:21PM
I would like to state that not only are the justice's of THIS NATION and THIS STATE (TEXAS), doing wrong by allowing gays to be so open about thier sexuality, but REMIND all of you that when 'what is wrong is now seen as right' IT, (the nation), can only go DOWN hill from here on out. It is going to take a STRONG man, a STRONG believer of what is right and ethical in this world to turn this country around!!!!
'They' say that it's not the government's place to install morality into this nation, BUT if the government and powers of the Supreme Court do not take a stand and enforce this, 'they' are making this nation's backbone that much weaker.
Look at it like this: You have a blonde woman. The base color is BLONDE. (the base color blonde represents the way our government should project morals and ethics into laws). Then you have 3 other blondes, BUT they are strawberry blonde, dirty blonde, and ash blonde. (these are the different types of religions and beliefs, so to say). The laws and the law makers can very well direct a 'blonde' code of morals and ethics into our system, and if some people choose not to like that then they should stay in the closet. It's not as if the government is saying you have to be one way, but it's saying that it's not so "POLITICALLY CORRECT" to be so open about SEX!!!!! It's like people are OBSESSED with sex!!! It makes me physically sick!
The majority of this nation is still a firm believer in God, and let me remind you "IN GOD WE TRUST" is still on every piece of money in this "great" nation. Obviously there is some hypocracy in our nation now. I think the system should be re-evaluated, for the better, and not changed so much.
Jessica Darlene