America sodomy law | Pro Laywers

USA sodomy law Sodomy Laws

As the saying goes, good not geminate. "Cliff mountain" ultimately did not win the Oscar prize, but Ang Lee also got an award for best director. It is a comfort. However, if two years ago, Ang Lee if you make such a reflection of gay films, and it must be thrown into prison. Why? You might as well have a look the following laws introduced.

USA sodomy law was eventually abolished, I appreciate the prosecutor Delphi is a word, he said, the abolition of sodomy law, that as long as the sex agreed, it can not be violated. But, then again, even today's Feng Xiaogang, also not make such a film. Because he doesn't have the advanced subject concept.

The legal definition of sodomy * *
Sex among gay men commonly known as "sodomy", translated into English is Sodomy, the word Sodomy is derived from the biblical Sodom sodom. According to the Bible, this city because of the flesh, men and men are to be ashamed of, and lower sulfur and fire destroyed. Religious people later Sodom Sodom sins called Sodomy, which is Chinese said sodomy. USA States legal interpretation of sodomy is different, some states think sodomy only include sex among gay men, some of the states that it also includes sex between homosexual and heterosexual. America law used to Sodomy as illegal, even if is voluntary for both sides. However, in 2003 June, involving homosexual behavior. The Federal Supreme Court has completely changed the original court judgment on the issue, and had great influence on gay rights.

* Bowers sued Hart wick case *
After the introduction of the Federal Supreme Court prior to this involving homosexual behavior decision, we first review that happens before another case. Late one night in 1982, Atlanta, Georgia, the bartender Michael Hart Weikeyin drink fined by the police in public, then missed a court date. Police holding court issued an arrest warrant burst into his home, found him and another man sexual behavior. According to the Georgia law, homosexual sodomy was a crime, guilty of sodomy could be sentenced to up to 20 years. Hartwick was accused of sodomy, although the charges were later canceled, he had to appeal to the Federal District Court, but was dismissed. Later, a federal appeals court in the trial of the case after the verdict, sodomy law Georgia, in violation of the federal constitution. Georgia may, the state prosecutor Michael Bowers appealed to the Supreme Court, the case was known as Bowers sue Hartwick.
In March 31, 1986, the Federal Supreme Court oral statements. The defendant Hart's lawyer in court statement said, the Supreme Court established in other cases of privacy should also apply to the case, and the citizen's private residence without basic rights of state government unreasonable intrusion shall not be violated. The defendant also stressed the sodomy law in the state of Georgia is not only applicable to same-sex sexual behavior, also applies to the opposite sex, so the court should not blindly pursue the responsibility between gay. However, the prosecution of Georgia, attorney general Bowers pointed out, the court established privacy does not include sodomy behavior between homosexuality, because the law and value of Jewish and Christian view all sodomy as immoral behavior, and moral principles of universal human thought homosexuality is not acceptable.
In June 30, 1986, the Federal Supreme Court narrowly 5 than 4 to maintain the sodomy law in the state of Georgia. The court said, even in the private residence to engage in sodomy behavior, are not subject to the protection of basic rights in constitution, but also the right of States to crack down on this behavior. Hart was the case after the sodomy law, the state Supreme Court 1998 overthrow of Georgia in a separate decision. Decision points, sodomy law violates the constitution of Georgia, because Georgia, the constitutional protection of citizen privacy. Other states, some repealed the sodomy law, some do some modifications. In 13 states still retain the sodomy law, sodomy law 9 states is suitable not only for sex, sex is also applicable to the opposite sex, sex 4 state sodomy laws apply only to homosexual. Until 2003 June, sodomy law American state completely declared null and void
Laurence and Garner sued the Texas case *
One day in 1998, someone to Texas police bulletin said, there is a crazy person hand waving guns. The police searched according to the bulletin broke into John Laurens's home, discovered that he was a man named Talon Garner sex. Laurence and Garner are lawyers. Although the police learned that someone is giving false information, but according to the sodomy law Texas immediately arrested Laurence and Garner, and accused them of committing the crime of sodomy.
Sodomy is defined through a process of evolution in texas. Before 1973, the crime of sodomy is any abnormal behavior, no matter how sex is engaged in this behavior. After 1973, it refers to the criminal acts between same-sex. Laurence and Garner later were each fined $200, and paid more than $140 in court costs. Later, they appeal court ruling in 1986, according to the principle of the Bowers case rejected. They appealed, and the Supreme Court to appeal, of Texas sodomy law challenge.
They fight the lawsuit of lambda legal's executive director Kevin Cathcart praised the two plaintiffs to gay rights to privacy disclosure. He said, the two parties on individual behavior because the door in their own home to engage in and arrest was extremely angry, so determined to fight the lawsuit. Cathcart said the lawyer, he on the behavior of these two people appreciate very much, because they are the case insisted for many years, not everyone is willing to challenge the sodomy law and become make known to every family character, not everyone is willing to give his life and personal life are openly talked about in the court, newspapers and in a radio interview
In June 26, 2003, the Federal Supreme Court 6 to more than 3 of the voting results to overthrow the sodomy law in texas. Ruled that the sodomy law, Texas, in violation of the federal constitutional due process of law and the equal protection clause. Justice Kennedy, in the opinion of the court on behalf of the majority of the judges pointed out, this case is not involved in the minors or prostitutes, but two adults, they engage in sexual behavior is common in the gay lifestyle in a completely voluntary case, so the plaintiffs -- here refers to Laurence and Garner's private life have the right to be respected. The decision also said, the defendants, Georgia is, not through the sexual behavior between them as a crime to insult their personality or about its fate. The court's decision shows that, do not agree with sexual behavior of homosexuality has not been enough to take it as a convicted reason. However, the judge dissenting Scalia thinks, the final decision of the Supreme Court will cause great damage to the social order. He said, because of this decision, had only limited to heterosexual marriage and bigamy, incest, prostitution and condemned adults laws may appear crisis.
* support Laurence ruling People's point of view
Georgetown University Law Center Professor He Field Blum think, the Federal Supreme Court in the Laurence case, homosexuality values change. She said, in 1986, the Supreme Court said the ruling in the Bowers case, between gay and heterosexual marriage and family have nothing in common. However, Laurence's decision to change this value judgement. The court's decision, the relationship between the two is similar in many ways.
Representative Laurence of lambda legal organization executive director Kevin Cathcart lawyers analysis the sentence to still have "more than a dozen sodomy law". He said, although many state legislatures will not abolish 'sodomy law', but never the implementation of this law. If any state to try to sue someone, the person can be stopped according to the Laurence case. Cathcart lawyers said, ten days after the Federal Supreme Court, some for "sodomy laws" and accused person's lawsuit was withdrawn.
Ohio State University law professor Mark Spindelman think, is a good news at the Supreme Court on gay rights of people. He said, the Supreme Court has acknowledged for the first time in history, America constitution and society as a whole, homosexuality is no longer regarded as an outsider. Professor J Bing Delman said, some people claim that such a decision is the biggest victory America history of gay rights, the Supreme Court said, protect the intimate relationship between homosexuals should be subject to the constitution, government cannot them with special respect, invasion of privacy for their.
In Washington, "the Commission on human rights" senior counsel Liz Heaton was a lesbian. She said to Laurence, the court decision to make her feel a sense of relief. She said, down the sentence, she felt the Federal Supreme Court for the first time in the history that the constitution is to protect her, but also protect and she lived together for 18 years of partners and their joint custody for nearly 3 year old daughter.
* view * people against Laurence decision
Above, we introduce a gay sex Federal Supreme Court case, the court's decision to change the sodomy law USA fundamentally, which used to be regarded as homosexuality is illegal under the federal constitution protection now. Support gay rights people on this decision dance for joy. But, disappointed and worried about the opposition to this decision.
Texas Harris county prosecutor's office of the legal adviser Scott Delphi is one of the legal counsel to represent the state in the case of Laurence. He said, the Supreme Court makes the sodomy law, completely invalid. However, because of this law has never been actively implemented, so that the verdict will not have a big impact on the Texas daily affairs and criminal law. Delphi also pointed out, on the legislative law through the past and the future, the decision to send a message to the nation, that is: sex as long as it is mutually agreed, it can not be infringed, the right infringement person will be illegal.
"Deeply disappointed center American Family Association" laws and policies of the senior litigation counsel Blaine fallin on the Supreme Court, because the Federal Supreme Court for others. He pointed out that, America government judicial, legislative and administrative three agencies, the power distribution of each. Make law belongs to the legislative authority. States also have their own institutions of government, they have the right to health, welfare and the moral law. Lin said, American founding two hundred years has been operating in this manner, and the Federal Supreme Court pen makes history changed. He thinks, not by the elected and justice social policy and law, enough to make Americans feel uneasy, appealed the decision itself, not the sodomy gay as illegal also worrying. Farling said, the history of Western civilization for two thousand years has been the sodomy as illegal behavior, to sniff at it, and the Federal Supreme Court ruling out of this period of history, be no trivial matter. effect.
Falleen lawyers worry, the Federal Supreme Court decision will make the traditional family structure change. He said, the traditional marriage should always, and always is between a man and a woman, this idea is now facing a serious threat. Falleen lawyer thinks, traditional marriage structure will change sooner or later. The Supreme Court not only for gay couples, but also for the multiple sexual partners partner family clears the way.
Located in the city of Washington's "Family Research Council" in marriage and family center director Peter Sprig to the Supreme Court to succumb to political pressure and the change of the idea of criticism. He said, since 1986 since the Bowers case, in addition to the gay culture change, nothing happened to provide reasons for the Supreme Court to change the original decision. Sprigg said, the court's decision should be based on the Constitution's established legal principles, but not because of political pressure from the support of gay activists have changed.
* Laurence decision on teenagers homosexual case *
The second day the Federal Supreme Court case after Laurence, began to appeal to the Federal Supreme Court also issued a court order case. In this case, the 17 year old young Kansas Matthew Limon for oral sex and a 15 year old male students and was sentenced to 17 years in prison. Sex sodomy laws of the state of Kansas is only applicable to same-sex, if this behavior occurs in heterosexual youth, offenders will be sentenced to 1 years in prison. The Federal Supreme Court took the case back to the court of appeal the judgment principle, according to the requirements of the Laurence case in the case review.
In New York, USA Civil Liberties Union gay rights plan represents Limon appealed the Supreme court. Director of the Group Litigation Department James Essex about influence of Limon case possible. He said, Laurence's decision is to protect the right of privacy, but not to anti discrimination or equal protection make based. However, American gay issues mostly because of discrimination, not because of privacy violations caused by. Essex said, although Laurence decision itself established a good principle, but after it together with the principle of equal protection is very important. He expected, the future will have a lot of case the court case of Laurence about the equal protection principle explanation will be more specific, Limon together these cases in the first.