As you've undoubtedly heard, the US Supreme Court on June 26 struck down an anti-sodomy law in Texas. This is one of those issues that most people will have an opinion on — whether they are happy or upset about the ruling. I think the decision was long overdue.
The Texas "Homosexual Conduct Statute" (Texas Penal Code section 21.06) goes as follows.
§ 21.06. Homosexual Conduct
(a) A person commits an offense if he engages in deviate sexual intercourse with another individual of the same sex.
(b) An offense under this section is a Class C misdemeanor.
The code goes on to define "deviate sexual intercourse" as follows.
§ 21.01. Definitions
In this chapter:
(1) "Deviate sexual intercourse" means:
(A) any contact between any part of the genitals of one person and the mouth or anus of another person; or
(B) the penetration of the genitals or the anus of another person with an object.
(2) "Sexual contact" means, except as provided by Section 21.11, any touching of the anus, breast, or any part of the genitals of another person with intent to arouse or gratify the sexual desire of any person.
(3) "Sexual intercourse" means any penetration of the female sex organ by the male sex organ.
Editor's Note: For reference, Section 21.11 referred to above is the penal code which defines Texas' "Indecency With a Child" statute, just in case you thought I was leaving something important out of the discussion.
So, now we know that Texas' sodomy law had nothing to do with sodomy and everything to do with homosexual acts (any law dealing strictly with sodomy would not single out homosexual behavior as criminal while making the same activity between heterosexual couples legal).
The Supreme Court struck down the law based on two different aspects of its unconstitutional nature — privacy and equal protection.
On the privacy issue, they agreed that any sexual act between two consenting adults should not be relegated to a crime by a legislative body with too much time on its hands.
On the equal protection issue, the argument was clear — homosexuals were singled out as a class of persons under this statute by only making their sodomy illegal.
Of course, Texas is a funny place, since Texas law does not define bestiality as a "deviate" activity.
I hail the court's decision on this issue since the Texas law (and that of Kansas, Oklahoma and Missouri — all with homosexual discrimination defined as a legal act — and Alabama, Florida, Idaho, Louisiana, Mississippi, North Carolina, South Carolina, Utah and Virginia — all of which made any act of sodomy illegal) were attempts by narrow-minded, puritanical right-wingers to govern the intimate acts of consenting adults.
For those out there with little or nor brain capacity left, you're likely wondering why "those homos" should be allowed to have sex anyway. I can hear you saying it now — "It just ain't natural."
My first response would be to tell you to eat shit and die, but I'll stay on topic instead.
For many years, our laws counted African-Americans as only three-fifths of a person. These laws were eventually repealed as we progressed and learned that we were wrong.
Likewise, our country, having been founded by religious cults so puritan in thought that French kissing was even outlawed, desperately needs to pull itself out of the morally-bankrupt quagmire which it is drowning in. These laws have long been justified as attempts to maintain the moral high-road in society, yet they are defined by politicians — not exactly known for their moral fortitude.
And regardless of that mind-bender, the issue at hand is equality and privacy. The Fourteenth Amendment to the Constitution clearly dictates that all people are to receive the same protections under the law.
The Texas law has long been used to assault the rights of homosexual members of society with regards to employment, child custody and visitation, and many other aspects of life. When it's known that you are gay, it can be assumed that, given the law, you must be engaging in illegal activity. This is a below-the-belt weapon that should never have been passed, but this is Texas.
The Court's decision is a welcome declaration that indeed all people are equal and that the law needs to keep it that way.
As the right wing of this country scrambles to decry this decision and point out that the downfall of American society is at hand, remember that it is this same fanatical base of mindless automatons that declared the very same thing when women were given the right to vote, when African-Americans were granted all rights any American is entitled to, and when French kissing was made legal.