& 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

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