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In Arkansas, Florida, Mississippi and Texas they've been used to justify various proposals to ban adoption or foster care, sometimes successfully. In Utah, the sodomy law was used to justify not protecting gay people from hate crimes. Third, the laws have been used in public debate, to justify denying gay people equal treatment and to discredit LGBT voices. But that didn't stop Georgia's Attorney General from (successfully) using the state's sodomy law as a justification for refusing to hire a lesbian, or the Bowers decision from being offered as a justification for firing a lesbian x-ray technician in a Washington state case last year. Evans, which struck down a Colorado constitutional amendment that forbade gay rights laws) that states could not discriminate against gay people on the basis of "disapproval," the argument was harder to make.
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said, that it couldn't be illegal to discriminate against gay people because gay people are a class "defined" by conduct which could be made a crime.Īfter the U.S. Although the Georgia law applied to all couples, the Court said its decision was about "homosexual sodomy" (see "Getting Rid of Sodomy Laws"). constitution allowed Georgia to make sodomy a crime. in a case which it won in the late 1980's. Second, the laws have been used to justify firing gay people, or denying gay people jobs. They've also been used to justify refusing to let gay people adopt (Florida, Mississippi) and refusing to let gay people become foster parents (Arkansas, Missouri). They were used to justify denying gay parents custody of their own children (Alabama, Arkansas, Mississippi, Missouri, North Carolina, North Dakota, Pennsylvania, South Dakota, Virginia). First, they were used to limit the ability of gay people to raise children. These laws were used against gay people in three ways.
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How the Laws Were Used Against Gay People In many other states, including Alabama, Florida, Georgia, Mississippi, North Carolina, North Dakota, Pennsylvania, South Dakota, Utah, Virginia and Washington, government agencies and courts treated sodomy laws that, as written, applied to all couples, straight and gay, as if they were aimed at gay people. In two states, Maryland and Oklahoma, courts decided that sodomy laws could not be applied to private heterosexual conduct, leaving what amounted to same-sex only laws in effect. Kansas was followed in the 1970's by Arkansas, Kentucky, Missouri, Montana, Nevada, Tennessee, and Texas. Kansas was the first state to do that in 1969. In nine states, sodomy laws were explicitly rewritten so that they only applied to gay people. As the young gay rights movement began to make headway, and the social condemnation of being gay began to weaken, social conservatives began to invoke sodomy laws as a justification for discrimination. Sodomy laws began to be used in a new way, distinctly against gay people, in the late 1960's.
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Sodomy Laws Are Aimed at Gay People in the 70's Originally, sodomy laws were part of a larger body of law - derived from church law - designed to prevent nonprocreative sexuality anywhere, and any sexuality outside of marriage. Most of those cases involved heterosexual sex. For most of the 19 th and 20 th centuries, sodomy laws were used as secondary charges in cases of sexual assault, sex with children, public sex and sex with animals. Texas is one of a mere handful of cases since the American revolution involving two adults - straight or gay - actually prosecuted for being intimate in private.