Q-Notes ▼ May 12, 2001 ▼ PAGE 25
Lambda Legal
urges OH court
to axe law
banning same-sex
propositions
by Peg Byron
Special to Q-Notes
ASHTABULA, OH — Lambda Legal De
fense and Education Fund has joined forces
with the Ashtabula County Public Defender to
urge the Ohio Supreme Court to review a case
challenging the state’s importuning law, which
criminalizes expressions of sexual interest be
tween people of the same sex. Similar hetero
sexual overtures are not regulated. Lambda filed
a brief in the case arguing rhat rhe law violates
guarantees of equal protection and free speech,
and should be stricken down. Both the Ohio
Association of Criminal Defense Lawyers and
the Ohio Human Rights Bar Association signed
onto Lambda’s brief.
“This law condemns lesbians and gay men
for the mere expression of romantic or sexual
attraction,” said Senior Staff Attorney Heather
C. Sawyer of Lambda’s Chicago office. “De
spite more common street harassment of
women by men, the State doesn’t regulate simi
lar behavior between persons of opposite sexes.
Its decision to single out same-sex [advances]
fosters hostility and discrimination against les
bians and gay men.”
She added, “This irrational law harms gay
people who may serve time in jail, lose their
jobs, professional licenses, even friends and fam
ily relationships if arrested or convicted under
this statute. Simple speech should not bring
such harsh consequences.”
Under the Ohio statute, it is a first-degree
misdemeanor for someone to make a sexual
advance toward a person of the same sex, should
that advance be found offensive. The penalty
can include up to six months in jail and a fine
of up to $1000. The law covers advances that
involve nothing more than words, but only if
the words are directed at a person of the same
sex.
“When an unwanted sexual advance be
comes physical or escalates to disorderly con
duct, the state has laws that appropriately ap
ply to non-gay and gay people alike,” noted
Sawyer.
But the disorderly conduct statute, in con
trast with the harsher importuning statute, can
bring a fine of no more than $100 and no jail
time.
The case. State of Ohio v. Thompson, stems
from the conviction of a man who proposi
tioned a male jogger in Ashtabula County,
about 60 miles east of Cleveland. When the
jogger asked to be left alone, Thompson com
plied, but the jogger then complained to po
lice. Thompson was charged and convicted with
violating the importuning law and sentenced
to six months in jail; he appealed. The States
Eleventh District Court of Appeals found that
Ohio’s same-sex importuning law violates the
equal protection clause, but it upheld the law
and Thompson’s conviction based on a prior
ruling from the Ohio Supreme Court.
Lambda’s amicus brief supports the request
for Supreme Court review filed by Ashtabula
County Public Defender Marie Lane, who rep
resented Thompson at trial and on appeal.
In response to the requests for review from
Lambda and the Public Defender, rhe State of
Ohio also has called on its Supreme Court to
take up this case to determine if the law vio
lates Ohioans’ equal protection rights or “more
fully explain why the statute does not violate
the equal protection clauses under the United
States and Ohio Constitutions.” T
Homosexuality
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