OPINION Three years ago, on June 26, 2003, the Supreme Court struck down all sodomy laws, and adults of all sexual orientations were, for the first time in the history of our country, totally free to engage in consensual sex “per os or per anum.” That monumental decision freed our collective genitals from one of the most repressive laws ever slapped on them.
The act of sodomy was named after the infamous city in the Bible that was destroyed by the Old Testament god-patriarch either for inhospitality (the liberal interpretation) or propositioning angels for anal sex (the fundie read). The term sodomy was first used by St. Peter Damian in the 11th century, when antihomo sentiment ran rampant in Europe. By 1350, most of the continent had sodomy statutes on the books, according to gay historian John Boswell.
The prohibitions against oral and anal sex in America were enacted state-by-state and followed English law. The first colony to ban the “crime not to be named among Christians” was Virginia in 1610. By the 1950s, when the first “homophile” groups formed, all the states had sodomy laws.
The post-Stonewall gay liberation movement pushed hard for the decriminalization of all sex acts between consenting adults. The movement got its first poster boy in 1982: A police officer caught Atlanta bartender Michael Hardwick in his own bedroom engaging in anal sex with another man. The officer, who had come to serve a summons at 3 a.m., entered the apartment on the invitation of Hardwick’s roommate. The district attorney declined to prosecute but, at the urging of the ACLU, Hardwick decided to fight.
In 1986, the Supreme Court delivered a blow to America’s libidos: It upheld the Georgia sodomy laws (Bowers v. Hardwick).
In 1988, two Texas men, John G. Lawrence and Tyron Garner, were jailed overnight and fined $200 after police found them having sex in Lawrence’s apartment. The cops had come in response to a weapons disturbance falsely reported by a neighbor. The men followed Harwick’s lead and took the matter to court. In a surprising turnaround, the Supreme Court struck down the Texas law (Lawrence v. Texas) and killed all the sodomy statutes in the 13 states that still had them. America had finally entered the modern world — except for the US military, which still punishes sodomy (Article 125) among straight and queer service members.
In light of Lawrence v. Texas, that law will be struck down eventually too.
Good riddance to it all.
In an age when many queers are fighting for the more mainstream goals of getting married and joining the military, let us not forget the fight for sexual liberation that our LGBT movement once championed. As feminist anarchist Emma Goldman might’ve said: “If I can’t fuck, I don’t want to be in your revolution.” SFBG
Tommi Avicolli Mecca
Tommi Avicolli Mecca is a longtime radical working-class southern Italian sodomite writer, performer, and activist.