On This Day.
On this day in 2003, the Supreme Court ruled in Lawrence vs. Texas that state laws against homosexual sex were unconstitutional. I was 42 years old when it became legal for me to have sex in the United States of America. (I recommend the book Flagrant Conduct, about the Lawrence case. It’s a real page-turner.)
When I was born, 1961, “the infamous crime against nature” was a felony in every state. Over the next 42 years, a handful of states repealed their sodomy laws or reduced the penalties, but in 2003 same-sex sodomy was still a crime in 13 states, in some states still carrying long prison sentences and hard labor.
Lawrence vs. Texas reversed the 1986 S.C. ruling in Bowers vs. Hardwick which had upheld laws against gay sex. 1986. I was 25.
I place these events in my own timeline not to make it all about me, but to, 1, say that these are laws that shape lives, and 2, to convey how recent, and to my mind tenuous, is this so-called rapid shift in attitudes toward queer people that we keep hearing about. The Republican Party, as it exists today, doesn’t just want Roe vs. Wade reversed, not only are they gunning for the Voting Rights Act, they’re coming after all the 1950s and 60s civil rights laws, and the New Deal, and Obergefell (gay marriage) and Lawrence vs. Texas while they’re at it. (Sixteen states still have sodomy laws on the books which they still occasionally find sneaky ways to enforce, and which would go back into full effect if Lawrence were overturned.) For minorities whose ability to live their lives unmolested has so often depended on court rulings, the current religious conservative makeup of the Supreme Court is terrifying.
I don’t say all this to wallow in despair (though I struggle with my share of that lately) but to say that it’s a long war with an uncertain outcome. But that’s no reason not to keep fighting. In fact, it’s the reason TO keep fighting.