Anti-Sodomy Statutes

Paper Summary:

Four states have outlawed homosexual sodomy specifically. The author discusses the impact that the laws, the general deterioration of the system and the issue of disrespect. The paper covers the containment of equal rights movements - specifically same-gender marriage, employment and parental rights - by use of sodomy laws as justification, as well as the the impacts of heterosexism. The author uses the analysis of homosexual interest groups in America to discuss the potential for repeal of these statutes and gives options for policy changes.

Outline
Introduction
History of Sodomy Laws
States with the Laws
Bowers and Lawrence
Level of Government
State Level
Harms of Anti-Sodomy Statutes
Penumbral Crimes
Equal Rights Denied
Employment
Marriage
Parental Rights
Heterosexism
Interest Groups
Lack of Representation
Analysis
Conclusion

From the Paper:

"Gandhi was once noted as saying, "My notion of democracy is that under it the weakest shall have the same opportunities as the strongest" (Interfaith Alliance n. pag.). Yet in America, Gandhi's vision of democracy is not being represented as he would have dreamed. When a large percentage of the population is deemed criminal merely by the nature of their sexual conduct, pluralism is undermined and equal rights are impossible to attain. The anti-sodomy laws that exist in America serve no true purpose - they are rarely enforced and when they are, it is based on a pretext or prejudice. When weighing the costs and the benefits, the choice is an easy one to make. Anti-sodomy laws are used to deny rights and entrench heterosexism. These laws most likely remain in place because of the relative political weakness of gay and lesbian groups."

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