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| FROM THE TOP: English King Henry VIII; Michael Hardwick; Michael Bowers; Tyron Garner (left) and John Lawerance |
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HOME > NEWS > NATIONAL NEWS
COMMENTS
1533: English King Henry VIII adopted contemporary church doctrine
into a system of laws when England withdrew from the Catholic Church. Sodomy became
both a sin and a crime.
1600s: The 13 American colonies derived their laws from the
English common law and continued the legal tradition in which sodomy carried
the penalty of death.
1960: Each state adopted some form of law banning sodomy as
they joined the United States. By this year, all 50 states and the District
of Columbia outlawed sodomy.
1962: Illinois revised its criminal code and did not prohibit
sodomy. Despite being the first state where sodomy was not illegal, there was
little fanfare and few noticed.
1969: Connecticut became the second state to remove prohibitions
against sodomy when it revised its criminal code.
1971-’72: The third state to revise its criminal code
and remove sodomy as a crime was Idaho. A gay publication noted the fact, which
caused an uproar from religious groups. The state legislature passed a new law
making sodomy illegal again.
1970s: Many state legislatures begin rewriting their criminal
code and remove prohibitions against sodomy. Nineteen states join Illinois,
making sodomy legal.
1974: Kentucky becomes the first state to enact a law that
makes sodomy only between homosexuals illegal. A court ruled the law violated
the commonwealth’s Constitution in 1992.
1980s: Alaska and Wisconsin make sodomy legal through their
state legislatures. Sodomy laws were removed by courts in New York and Pennsylvania.
1982: A houseguest let a police officer into the home of Atlanta
bartender Michael Hardwick. The officer caught Hardwick in the act of consensual
sex with a male lover and arrested him. The men were charged with sodomy. The
charges were dropped, but Hardwick sued in the hopes the courts would rule the
sodomy charges were unconstitutional.
1986: After working its way through the courts, Bowers v.
Hardwick was argued before the United States Supreme Court. The Court of Appeals
ruled that the state of Georgia had violated Hardwick’s rights. The Supreme
Court overturned the decision on a 5-4 vote. “The Constitution does not
confer a fundamental right upon homosexuals to engage in sodomy.”
1990s: The District of Columbia, Nevada and Rhode Island removed
sodomy prohibitions through their legislative bodies. Courts overturned sodomy
laws in five states (Georgia, Kentucky, Maryland, Montana, and Tennessee).
1998: Sheriff’s deputies entered the private home of
John Lawrence, where they witnessed him engaging in consensual sex with Tyron
Garner on Sept. 17. They arrested both men and charged them with “deviant
homosexual” conduct. They pleaded no contest on Nov. 20. Both were found
guilty on Dec. 22 and fined $200 each.
2000s: Courts struck down sodomy laws in three more states
(Arkansas, Massachusetts and Minnesota).
2000: Three members of the Texas Court of Appeals overturned
the state’s homosexual conduct law, reversing the convictions of Lawrence
and Garner. The state appealed to the full court.
2001: Arizona became the most recent state to remove sodomy
laws from its criminal code.
2001: The full Texas Court of Appeals reversed the decision
of the three-judge panel and upheld the convictions of Lawrence and Garner.
April 2002: The Texas Court of Criminal Appeals refused to
hear the Lawrence-Garner case.
Dec. 2002: The United States Supreme Court agreed to hear
the Lawrence-Garner case.
March 26, 2003: Oral arguments in Lawrence v. Texas were made
before the Supreme Court.
June 26, 2003:
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