The Texas state law banning same-sex sodomy is not discriminatory – it prohibits same-sex sexual conduct, not homosexuality itself.
Do you buy that? Neither does Ed Board. Nevertheless, this was the argument presented before the Supreme Court by Harris County District Attorney Charles Rosenthal in the law’s defense.
Texas’ current laws prohibiting sodomy between same-sex couples (including consenting same-sex couples) date to the early 1970s. The practice is legal for heterosexuals.
The Supreme Court’s decision to hear the case of two Houston men who were discovered engaged in anal sex by police responding to a false call reporting a “crazy man with a gun” has attracted much attention from gay rights advocacy groups and members of the religious right. It has been 17 years since the high court considered the constitutionality of a sodomy law. But the historical controversy surrounding sodomy extends far beyond the court’s last decision.
The term “sodomy” was first coined in the 12th century from Medieval Latin as a designation for “crimes against nature.” Intended to allude to the Biblical tale of the destruction of the sexually depraved cities of Sodom and Gomorrah, the word was first used as a reference to any sort of “unnatural” sexual actions including homosexual contact and bestiality but also nonprocreative intercourse. So, by 12th century standards, most modern Americans are sodomites.
From Medieval Latin, the word passed into the languages of Western and Central Europe and narrowed its definition to homosexual contact and bestiality – both crimes punishable by death until the second half of the 18th century.
It wasn’t until the last third of the 19th century that the term became specifically associated with anal penetration.
Just like the meaning of the word itself, our sexual mores have shifted significantly since medieval wordsmiths coined the pejorative expression.
In this time of widespread contraceptive awareness, most Americans (except the most dogmatic fundamentalists) would laugh at the idea that sex without the intention of conception was somehow sinful. A majority of Americans would cringe today at the thought of putting the gay population to death for sodomy.
No matter where they stand on the morality of homosexuality, most 21st century Americans would agree that the gay population is a presence in our country that deserves protection of its basic human rights. Texas even allows for gay couples to adopt children.
But apparently, the strides made by the gay community in the Lone Star State have all been a sham in the name of political correctness.
To say that a law bans same-sex intercourse but not homosexuality is a politically correct slap in the face to gays in our state. On the one hand, the state makes a half-hearted pass at acceptance only to turn around and direct its judgmental eye on the “deviate” elements of our society.
Times and standards have changed. Our laws should reflect that and follow suit.
