& sdutif
CAROLINA
Voices of Dissent
what they are saying Q8
Mary Cheney
resigns post
Pheips offers reward
ff)r gay bashing victim
Legai scholars question
military ban
Now that same-sex
marrtalge is available in
Ontario, would you and
your partner consider
tying the knot?
POti. DESUiJS:
Independence: Cheridh It. Use it wueLy.
iP ra To os
Matrimonio entre
parejas LGBT
11
noted . notable . noteworthy GLBT issues
Equality NC loses director
VOLUME 18 . ISSUE 4
SINCE 1988
WWW. q-NOTSS. COM
July s . 2003
Supreme Court strikes down
Texas sodomy law
by David Moore
Q-Notes staff
Impact on North Carolina's 'Crime
Against Nature' statute could be almost
immediate
WASHINGTON, D.C. — On Thursday, June
26, the Supreme Court struck down a Texas law
that made sodomy between members of the
same sex illegal. The ruling is considered to be
a major victory for gay rights in the United
States.
The overturn came on the last day of . the
Court’s 2002-2003 term with a vote of 6-3,
which struck down the Texas law, indicating it
violated due process guaranteed justices John
Paul Stevens, David Souter, Ruth Bader
Ginsburg, Stephen Breyer and Sandra Day
O’Connor agreed with the outcome of the case,
while Chief Justice William Rehnquist and
justices Antonin Scalia and Clarence Thomas
dissented.
In a separate 5-4 vote, the Supreme Court
also overturned its 1986 ruling that upheld a
Georgia sodomy law that declared homosexu
als have no constitutional right to engage in
sodomy in private. The Georgia Supreme
Court, however, had already overturned that
state law in 1998.
At the center of the Texas decision are John
Geddes Lawrence and Tyron Garner, who
were arrested in a Houston-area apartment in
1998 by police officers responding to a neigh
bor’s report of an armed intruder. The neigh
bor had claimed a man was “going crazy”
inside the residence. Police crashed into the
Lawrence home and discovered Garner and
Lawrence having sex. They were arrested,
jailed overnight and later fined $200.
"it was sort of like the Gestapo coming in,”
Lawrence said in a press conference.
Attorneys for the two men had indicated
that if the convictions were upheld, both
Lawrence and Garner would be prevented from
obtaining some jobs and would also be consid
ered sex offenders in many states. The Texas
law, the lawyers said, gives gay Americans sec
ond-class status as citizens.
Garner and Lawrence were charged with the
Texas “homosexual conduct” law, which made
sexual intercourse with another individual of
John Lawrence, left, and Tyron Gamer,
right, celebrate the Supreme Court decision
which cleamed them ^1
Reuters
sodomy in Texas.
>m criminal charges for
the same sex a criminal activity. The law was
originally upheld in a Texas state court, which
found the law “advances a legitimate state
interest, namely, preserving public morals.” The
landmark ruling came upon appeal to the
Supreme Court.
Impact on the Carolinas
The impact of the decision is seen as far-
reaching, testing the constitutionality of anti-
see REPEAL on 6
Everything you
gay marriage ■
ever wanted to know about
- Canadian style
Despite the fact Ontario's marriage licenses
are still gender specific, same-sex couples
can still legally use the forms.
Where to go, what to do and
what to expect
by Leslie Mackenzie
Thinking about going to Canada so you and
your longtime significant other can tie the knot?
Seems like a lotta’ folks are these days — and
with good cause. Not only does it affirm your
relationship spiritually, but also legally.
Currently the United States recognizes all mar
riages performed in Canada.
Of course it’s not as easy as all that, and you
can expect the U.S. to put up a fight. To get out
of this one, expect some serious legal maneu-
viring. But we’ll visit that aspect a little further
along in the story.
For the time being — and until a court decision
is reached July 12 — Ontario is the only province
performing same-sex wedding ceremonies.
Nine Canadian provinces say they are will
ing to accept the marriage of same-sex couples
once the federal government changes the coun
try’s long-standing, traditional definition of
marriage. The lone holdout is Alberta, where
justice Minister Dave Hancock reiterated his
province’s determination to resist the move.
“To take an institution that is near and dear to so
many people and change the definition in this way
is going too far,” Hancock said. Asked about the dif
ferent position taken by other provinces, the Alberta
justice Minister resppnded, “That’s up to them.”
There is no question: American same-sex
couples are also able to wed in Ontario under this
ruling. Clearly these marriages should be treated
equally and given the same respect as any mar
riage, but gay married couples returning home to
the United States can expect to face discrimina
tion under federal law and many state laws. Some
states, businesses and other institutions are
expected, however, to honor these marriages.
“Ontario’s landmark ruling — and the
Canadian government’s decision not to appeal
it — recognizes that the Canadian Constitution
see CANADA art 13