From: Valence (valence10@hotmail.com)
Date: Wed Jul 02 2003 - 05:17:25 BST
Hi Trivik,
Thanks for your comments.
> > the laws were actually entirely neutral in their treatment of
> > individuals. They banned sodomy for everyone (not just same sex
couples)
>
> the 1989 oed defines sodomy as:
> "An unnatural form of sexual intercourse, esp. that of one male with
> another."
R
Yes, as I said, the court convingly argues that the legal/popular
association of sodomy with strictly homosexual behavior dates within the
last 50-70 years or so. 1989 would fall in to that time period. The first
"strictly gay" sodomy laws actually didn't appear until as late as the 1970s
(here's an article that gives a well referenced telling of the history of
sodomy laws if you're interested
http://www.sodomylaws.org/history/history.htm).
> say a law banning orginized prayer meetings which took place at a
> frequency of more than 3 per day was enforced. it would be foolish to
> argue that this ban, entierly neutral in its treatment of individuals, did
> not in effect outlaw orthodox Islam.
R
I am well aware that laws are often drawn that appear neutral on their face
but are in fact discriminatory in their effect. However, that is simply not
the case with the sodomy laws that predated the 1970s. Those laws often
banned all sorts of "non-procreative" sex practices (including oral sex and
masturbation as well as anal sex) regardless of the genders of the people
involved in the act. More telling though is the fact that the case law
shows that prosecutions were usually only brought in cases of rape or in
cases involving an adult and a child (statutory rape). The issue wasn't
homosexuality... it was a religious issue about procreation and the "sin" of
non-procreative sexual acts.
take care
rick
Metaphysics is a dark ocean without shores or lighthouse, strewn with many a
philosophic wreck. - Kant
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