Homosexuality and bisexuality
U.S. laws that once
gender sexual behavior: the "Sodomy laws"
Two quotations whose predictions have come true:
- "The Supreme Court ruling to strike down the nation's anti-sodomy
laws combined two of the most contentious issues on the political
landscape by grounding the liberty of gays in the same legal turf that
sustains the right to abortion -- and it directly points to yet another
clash in the culture war: a fight over gay marriage." David Von Drehle Washington Post. 1
- "State laws against bigamy, same-sex marriage, adult incest, prostitution, masturbation, adultery, fornication, bestiality, and obscenity ... every single one of these laws is called into question by today's decision. ... If moral disapprobation of homosexual conduct is 'no legitimate state interest' for purposes of proscribing that conduct ... what justification could there possibly be for denying the benefits of marriage to homosexual couples exercising '[t]he liberty protected by the Constitution?" Excerpt from the dissent by Justice Antonin Scalia in the Lawrence v. Texas case before the U.S. Supreme Court in 2003. 2
Two notes concerning terminology:
- We discourage the use of the term "gay marriage" because the word "gay" is ambiguous. It is sometimes used to refer to male gays only, and sometimes to gays and lesbians. Also some same-sex marriages are composed of one or two bisexuals. We recommend the term "same-sex marriage" or its acronym "SSM." These are more inclusive and accurate terms. A Google search for "same-sex marriage" on 2014-MAR-03 found 350 million hits; "gay marriage" found 487 million hits. We suspect that "same-sex marriage" will eventually become the more common term.
- The term "sodomy" is derived from a story in the Bible, in Genesis 19. It refers to the city of Sodom where male adults attempted to rape angels as an act of humiliation. The attempted rape has been interpreted by Christian theologians as a homosexual act punished by God who destroyed the city and exterminated all of the newborns, babies, children, adults, and elderly. The biblical chapter is often used to condemn all same-gender sexual acts, including consensual sexual activities in private by a loving, committed same-sex couple. Over time "sodomy" was defined in many different ways to include anal sex, and oral sex.
Laws prohibiting same-gender sexual behavior are commonly called "sodomy laws." They
have taken many forms in different jurisdictions. Some criminalize certain
behavior by opposite-gender as well as same-gender couples. It would not be much
of an exaggeration to say that every sexual act except sexual intercourse
between a married couple using the missionary position in the dark has been
criminalized in at least one U.S. state at one time during its history.
These laws and regulations can be traced back at least to biblical times. In
England, homosexual behavior was originally handled in the ecclesiastical
courts. By 1791
CE, when the original 13 states ratified the Bill of
Rights, they all treated sodomy as a criminal offense. By 1961, the U.S.
military, and all of the states and territories maintained "sodomy" laws
on their books -- some dating back more than a century. Some were worded so
generally that they would even criminalize consensual oral sex in private
between an opposite-sex married couple as a "crime against nature."
In 1961, Illinois became the first American jurisdiction to repeal its sodomy
In 1986, the U.S. Supreme Court reviewed a Georgia case that criminalized same-sex
behavior and decided that the state's law was constitutional. They decided that
a state has the constitutional authority to criminalize what it considered to be
According to the Associated Press, sodomy laws remained on the books
in 13 states as of the middle of 2003. "Sodomy" was illegal for everyone -- gay
and straight -- in Alabama, Florida, Idaho, Louisiana, Mississippi, North
Carolina, South Carolina, Utah and Virginia. In addition, four contiguous
states, Kansas, Missouri, Oklahoma and Texas, criminalized certain forms of
private, consensual sexual behavior between persons of the same gender, but
permitted them if performed by a man and woman.
During the first half of 2003, the U.S. Supreme court studied the
constitutionality of sodomy legislation. In the Lawrence v. Texas case,
they reviewed a Texas law. It criminalized certain sexual behavior by same-sex
couples even though the same activities are quite legal if done by opposite-sex
couples. In a ground-breaking decision, the Court decided on 2003-JUN-26 that
adults are free to engage in private consensual sex without government
oppression. They placed limits on the ability of state governments to legislate
sexual morality. The sodomy laws in Kansas, Missouri, Oklahoma and Texas, were
declared unconstitutional. Legal experts believe that the sodomy laws in the
nine other states are now also null and void. Laws in a few states which
criminalize fornication (sexual intercourse by unmarried persons) adultery, and
other behaviors may also be overturned by this ruling.
Topics covered in this section:
Related topic on this web site:
The following information sources were used to prepare and update the above
essay. The hyperlinks are not necessarily still active today.
- David Von Drehle, "A Debate on Marriage, And More, Now Looms,"
Washington Post, 2003-JUN-27, Page A01, at:
- Elizabeth Flock, "Scalia Warned in Lawrence v. Texas Dissent That Striking Down Sodomy Laws Would Lead to Gay Marriage," U.S. News and World Report, 2013-JUN-26, at: http://www.usnews.com/
Copyright © 2002 to 2014 by Ontario Consultants on Religious
Originally written: 2002-DEC-13
Latest update: 2014-MAR-03
Author: B.A. Robinson