By Jesse Monteagudo

Throughout its history, the lesbian and gay rights movement has changed its priorities to conform with changing realities. In the 1960's, it sought to gain visibility and legitimacy; in the seventies, the passage of "human rights" laws; in the eighties, increased AIDS funding and services; and in the early nineties, the end to the ban against gays in the military. Today, the issue of same-sex marriage is at the forefront of "the gay agenda". Through it all, the abolition of sodomy laws remained in the background. While activists agree that statutes outlawing homosexual acts between consenting adults in private are unjust and must go, they have done little to get the laws repealed, perhaps hoping that a friendly legislature or a favorable court decision would eventually do the job. Sodomy laws, which outlaw "abominable and detestable crimes against nature", are a legacy of the Judeo/Christian/Muslim tradition of legislating morality. Based on Biblical precepts, many of the sodomy laws outlawed male homosexual but not lesbian behavior, which seems to confirm Warren Johansson's belief that "Historically, the sodomy laws ... are grounded in religious horror of sexual activity between males." The Code Napoleon (1810) decriminalized homosexual acts between consenting adults in private throughout much of Continental Europe and Latin America. England abolished its sodomy law in 1967; Canada in 1969; Germany in 1971; and the Australian states (except Tasmania), New Zealand and Israel during the 1980's. Today 74 countries, including Iran, Iraq and Romania, still ban (male) homosexual behavior. In the United States, over half the States have abolished their sodomy laws, either through favorable legislation or judicial action. Sodomy laws are still in on the books in 21 states -- Alabama, Arizona, Arkansas, Florida, Georgia, Idaho, Kansas, Louisiana, Maryland, Massachusetts, Minnesota, Mississippi, Missouri, Montana, North Carolina, Oklahoma, Rhode Island, South Carolina, Texas, Utah, Virginia. In five states -- Arkansas, Kansas, Michigan, Montana and Oklahoma -- only homosexual acts are outlawed. Though Florida's "crimes against nature" felony law was struck down in 1971, "lewd and lascivious acts" (both straight and gay) are still a misdemeanor. State sodomy laws were upheld by the U.S. Supreme Court in its infamous Bowers v. Hardwick decision (1986). (Sources: The Alyson Almanac; The Encyclopedia of Homosexuality; The Gay Almanac; The Little Black Book; The Third Pink Book). Though sodomy laws are seldom enforced against consenting adults in private, there is always the possibility that they might, as Michael Hardwick found out to his discomfort. Even the most diehard homophobe realizes that government agents can't barge into bedrooms and arrest gay men and women for breaking sodomy laws, especially since they usually involve oral or anal sex acts that many heterosexuals also enjoy. The reason why antigay traditionalists support sodomy laws -- and the reason why we must oppose them with all our might -- is largely symbolic but actually dangerous. Sodomy laws are society's way of declaring its hatred of homosexuality and homosexuals. Same-sex acts are so evil, so filthy, and so disgusting that they must remain a crime. Sodomy laws, by their very existence, make every gay, lesbian or bisexual person a criminal and an outlaw. "The ultimate linchpin of all legal discrimination against homo-sexuals" (Warren Johansson), "sodomy laws are used to make second-class citizens of gay people, to stigmatize sexual identity, and to justify many forms of discrimination against lesbians, gay men, and bisexuals" (The Gay Almanac). Sodomy laws were used as reason to deny one lesbian the custody of her child in Virginia and another lesbian a job in Texas. Sodomy laws were used to justify the expulsion of lesbian and gay service- members, and are used today as an excuse to outlaw same sex marriage. For years, the war against AIDS was hampered by the belief that HIV was transmitted through "illegal and immoral behavior". Even today, safe-sex education and condom distribution are opposed by those who argue that it would condone or encourage "sex crimes". The end of sodomy laws must be the top priority of the lesbian and gay movement. What use is legalizing same-sex marriage when same-sex couples are not "allowed" marital intimacy? What use is passing "human rights" laws when the right to our own bodies is denied us? Sodomy laws, like all laws that legislate morality, are an attempt to impose sectarian religious beliefs on everyone. They are also totalitarian in nature. To quote the LITTLE BLACK BOOK, "because consensual sodomy laws infringe on intimate association and put the government where it has no business being, they ought to be struck down." Admittedly, the current political climate is not conducive towards repealing state sodomy laws. However, like the abolition of slavery in the 19th century, the abolition of sodomy laws cannot wait for a civil war to make the cause acceptable. We must work with our allies, educate the public and introduce legislation even if we know we are going to lose. In any case, we must keep the issue alive, for by doing so we will eventually win. ____________________________________________________________________________________ GayToday's contributing writer, Jesse Monteagudo, also writes for The Fountain, a Florida magazine. Monteagudo is widely recognized as one of the South's foremost gay and lesbian scholars. For many years he presided over the Stonewall Library, now the largest gay and lesbian archival collection east of Houston, and his knowledge of lesbian literature is unrivaled among male book reviewers. For over twenty years, Monteagudo has faithfully served South Florida's communities as a most learned and insightful commentator. _____________________________________________________________________________________