Thanks to Gypsy for posting this article. <3
I urge you to read ALL of the cases. Some you may already be familiar with, but others didn’t receive crazy amounts of international coverage or anything, so they may be new to you. While some sex-laws are definitely necessary in order to protect us, there are definitely some laws that serve to HURT us. Check out the sex-related laws in the United States here. And, um, may I remind y’all that Don’t Ask, Don’t Tell is still in place? Yeah. Let’s talk about that. According to the U.S. Penal Code:
- (13) The prohibition against homosexual conduct is a longstanding element of military law that continues to be necessary in the unique circumstances of military service
- (14) The armed forces must maintain personnel policies that exclude persons whose presence in the armed forces would create an unacceptable risk to the armed forces’ high standards of morale, good order and discipline, and unit cohesion that are the essence of military capability.
- (15) The presence in the armed forces of persons who demonstrate a propensity or intent to engage in homosexual acts would create an unacceptable risk to the high standards of morale, good order and discipline, and unit cohesion that are the essence of military capability.
Excuse me? 😐 And this is the policy to “take care” of those crazy homosexuals:
(b) Policy.— A member of the armed forces shall be separated from the armed forces under regulations prescribed by the Secretary of Defense if one or more of the following findings is made and approved in accordance with procedures set forth in such regulations:
(1) That the member has engaged in, attempted to engage in, or solicited another to engage in a homosexual act or acts unless there are further findings, made and approved in accordance with procedures set forth in such regulations, that the member has demonstrated that—
(A) such conduct is a departure from the member’s usual and customary behavior;
(B) such conduct, under all the circumstances, is unlikely to recur;
(C) such conduct was not accomplished by use of force, coercion, or intimidation;
(D) under the particular circumstances of the case, the member’s continued presence in the armed forces is consistent with the interests of the armed forces in proper discipline, good order, and morale; and
(E) the member does not have a propensity or intent to engage in homosexual acts.
(2) That the member has stated that he or she is a homosexual or bisexual, or words to that effect, unless there is a further finding, made and approved in accordance with procedures set forth in the regulations, that the member has demonstrated that he or she is not a person who engages in, attempts to engage in, has a propensity to engage in, or intends to engage in homosexual acts.
(3) That the member has married or attempted to marry a person known to be of the same biological sex.
There are also laws regarding items that are non-mailable because they’re obscene and/or crime-inciting…and materials in some way relating to abortion are mentioned. O.o Check it here.
And on a related note, I still can’t believe the district court in Williams vs. Pryor (1998) considered banning the commerce of sex toys because they promoted “sexual stimulation unrelated to marriage, procreation or family relationships.” I mean, I can believe it, but I don’t LIKE it. Sigh. Dammit, unmarried people have a right to have sex lives, too! They also argued the ban was a good idea because there was legitimate legislative interest in “discouraging prurient interests in autonomous sex” because “commerce in the pursuit of orgasms by artificial means for their own sake is detrimental to the health and morality of the State.”
WHAT. THE. SHIT.
And William Pryor (assistant attorney in Alabama) is quoted as saying there is no “fundamental right for a person to buy a device to produce orgasm.” -_-;
Eventually (and thankfully), Reliable Consultants Inc. v. Earle (2008) happened and resulted in the federal appeals court declaring the Texas Obscene Device Act as unconstitutional because it violated the 14th Amendment on the right to privacy. Read about it here.
Other cases/info you should be aware of:
- The 11th Circuit Court (discussing Williams vs. Pryor): “The fundamental constitutional rights of privacy recognized to date by the Supreme Court in the area of sexual activity each have followed from the Court’s protection of a person’s right to make the decision not to procreate without governmental interference. …None of these cases, however, is decisive on the question whether the Constitution protects every individual’s right to private sexual activity and use of sexual devices from being burdened by Alabama’s sexual device distribution criminal statute.” Citing a case involving assisted suicide, Washington v. Glucksberg, this decision favorably quoted: “That many of the rights and liberties protected by the Due Process Clause sound in personal autonomy does not warrant the sweeping conclusion that any and all important, intimate, and personal decisions are so protected….”
So basically, even though decisions pertaining to our sexuality and even our LIFE are “important” and “personal,” that doesn’t mean we always have a “right” to make them without the government butting in somehow. WTFBBQ! It makes NO sense to me that we don’t even own our BODIES in that way. (By the way, assisted suicide is legal in 3 states: Oregon, Montana, and Washington. Read more here.)
Stuff like this (the penal code and the following article) is why I’m so into/involved with the queer, feminist, sex-positive movements. Sheesh. This is also why I think I have only a few good options in terms of where I will eventually live in the United States (best choice so far seems to be MA). But now, onto the article!
15 Shocking Tales of How Sex Laws Are Screwing the American People
The older I get, the luckier I feel not to have been busted for breaking a sex law. It’s not that I have been doing anything particularly scandalous. Public sex sure isn’t my thing, and I’m not in the habit of spamming my friends and colleagues with XXX emails. But in a world where a teen can get arrested for texting a boyfriend her own nudie shots, I don’t want to take anything for granted.
Really though, my clean record probably has as much to do with where I’ve lived, as with what I’ve done. Growing up in Canada, meant that I didn’t worry about the legal ramifications of losing my virginity to my high school boyfriend. Had I spent those angst-ridden years in Texas, or even Maine, I could have been charged with the crime of underage sex.
Similarly, accompanying a terrified 16-year-old to a New York City clinic for an abortion a few years back could have been illegal if I had done the same thing in many of the 34 states with parental consent and notification laws for this procedure.
So I’ve been fortunate. But plenty of other people haven’t. We often don’t realize that sex regulations extend beyond archaic blue laws banning things like having sex in a toll booth, or forbidding sororities on the basis that women living together constitute a brothel. Such prohibitions may remain on the books, but people seldom, if ever, face charges for breaking them. The sex laws that do get enforced every day tend to be a lot less laughable.
Occasionally, the focus on a particular case can lead to a law’s repeal. For example, in 2004, a Texas mom was arrested for violating that state’s ban on selling sex toys after she was busted hawking vibrators to her friends. The coverage of the incident drew attention to the statute and eventually lead to its 2008 nullification. And famously, following a 2002 arrest for having anal sex with his boyfriend, John Lawrence argued his case before the U. S. Supreme Court, and succeeded in getting the federal sodomy laws overturned.
Nevertheless, for many people, simply paying their fine or doing their time is preferable to embarrassing publicity that can accompany fighting charges. Still, plenty of cases do make the papers, whether those involved want them to or not.
Here are fifteen recent examples highlighting the fact the land of the free, the freedom to express your sexuality can still be pretty limited.
1) Over the past year, New York City has seen thirty-four gay men arrested for prostitution in what many people are calling an anti-gay sting operation. One case, reported by the New York Times, involved Robert Pinter, a fifty-three-year old massage therapist, who was approached by an undercover police officer in the adult section of a video store. As Pinter told the Times, “[the man who propositioned me] was very charming and cute, and we agreed to leave the store and engage in consensual sex.” Pinter explained that man then offered him $50 for doing so–an offer which he says did not respond to. Once outside, Pinter was handcuffed and arrested on charges of, “loitering for the purpose of prostitution.” The relationship between gay men and the police has often been far from harmonious (hell, arrests of gay men in the sixties are what prompted the Stonewall riots in 1969), and this situation has renewed fears that old habits die hard.
2) Despite the fact that Georgia has some real problems with youth sexual health — among other things it boasts the eighth highest teen pregnancy rate in the country — this state has put a lot more effort into targeting teens than it has into helping them stay safe. One particularly outlandish case involves a young man named Genarlow Wilson. Genarlow was recently freed after serving almost three years in a Georgia prison. He had been sent there at seventeen for getting a blow job from a consenting fifteen-year-old girl. Though Generlow was only two years older than the girl, in Georgia, he was above the age of consent and she was below it. As a result, the high school senior was charged with aggravated child molestation. At the time, Georgia had a mandatory minimum sentence of ten years for this crime, so that’s what he got. A year into his sentence, the law was changed to make the maximum penalty a still pretty serious twelve months in jail. Even so, it took another two years for a judge to order Genarlow’s release.
3) Florida is famous for it’s liberal views on how little clothing can be considered publicly acceptable. It’s not so liberal, however, when it comes to the kind of sex it considers acceptable for people to have privately. In February, a lawsuit was filed against a strip-mall based private swingers club. The charges came after a year-long undercover operation, and despite the sheriff’s acknowledgment that, “detectives never found any evidence of drug use or sales and never saw any instances of anyone paying for sex.” Swinging is legal, so in the end, the best the cops could do was charge the club with violation of local zoning codes.
4) Starting off 2009 with a bang, seventeen Pennsylvania teens — thirteen girls and three boys — were busted for child pornography. The charges came after a teacher confiscated a student’s cell phone and discovered that the girls had sent “provocative” pictures of themselves to the boys. Initially, the boys were charged with possession of child pornography, and the girls with manufacturing, disseminating and possessing child pornography. These charges could have come with jail time and the requirement to register as sex offenders. The New York Times reports that given such daunting prospects, almost all of the students accepted a deal requiring them to attend a ten hour class dealing with pornography and sexual violence. But three of the girls rejected the deal and instead filed a lawsuit against the district attorney, claiming that offering them such a deal was illegal, as their actions never should have been considered criminal.
Public panic over sexting is growing and as a result the Pennsylvania case is far from an isolated incident. In fact, USA Today reports that between January and March police had already, “investigated more than two dozen teens in at least six states…for sending nude images of themselves in cell phone text messages.” And as a girl busted for sexting in Idaho this June can tell you, that number has surely grown since then.
5) No one has ever claimed that Georgia is a haven for the LGBT community. But a recent decision by a custody judge to bar a gay dad from “exposing” his kids to his “homosexual partners and friends,” is a reminder that in this state, the notion that everyone is equal under the law only applies if the “everyone” in question isn’t gay. In this case, the man’s soon to be ex-wife argued that the fact that her kids have a gay dad has landed them in therapy. So she asked that the restriction be imposed to protect them from discomfort. But as the father said, “In general, that [restriction] will never allow me to have my children present in front of any friends, whether they’re gay or straight — no one hands you a card saying are you gay, straight, heterosexual, bi, whatever.”
6) After his boxers were spotted by cops as he peddled his bike around town, a twenty-four-year-old Bainbridge, Georgia man became the first person arrested there under a new city ordinance that prohibits wearing pants low enough to expose a person’s underwear. Arrests like this have become common all over the country as more and more cities adopt such so-called baggy pants bans. But it isn’t only men who are targeted by these laws. This June, the city of Yakima, Washington, voted to change the city’s indecent exposure laws to include “cleavage of the buttocks.” This means that women whose thong or G-string show can now be fined $1,000 or face up to 90 days in jail. If a child under the age of 14 is thought to be a victim of this form of indecent exposure, the perpetrator is looking at a $5,000 fine and up to a year in jail. Still while most cities choose to focus on legislating visible underwear, some laws take the clothing restrictions even further. For example, an ordinance passed in Lafourche Parish, Louisiana in 2007, not only outlaws “any indecent exposure of any person or undergarments,” but also bars a person from, “dressing in a manner not becoming to his or her sex.”
7) In February 2008, Wisconsin mom, Amy Smalley, was charged with the felony of “exposing a child to harmful descriptions.” The issue came to light after her eleven-year-old son told a counselor about conversations his mom had with him and his brother. These included talking about her sex life, explaining how to perform oral sex and showing the boys a sex toy. The charges, which could have landed Smalley three years in prison, were plead down to a misdemeanor. Smalley was placed on probation and had to undergo court ordered counseling. As the Court TV website put it, “Smalley called it education. Prosecutors called it a crime.” I call it terrifying. As a mom myself, I can easily see having similar conversations. (Okay, not for a while as my kids are only both under three. But still…). Sure, Smalley probably made a bad judgment call. But really, is this any worse than parents who let their kids watch Family Guy and South Park, despite the endless stream of rape jokes and blow job humor?
8) Come 2010, a law designed to protect child prostitutes will take effect in New York State. Until that time, kids as young as twelve can continue to be charged with the crime of prostitution. This is true even if they were forced into the business by pimps. Interestingly, since 2000, foreign-born teens have been protected from prosecution by anti-trafficking laws which view them as victims. For the next year, however, teens with American citizenship may still find themselves in juvie for being the victim of something most people would consider pretty horrific abuse. Hopefully, this is a sign that we are making progress not only the issue of sex work, but on the treatment of juvenile offenders in general.
9) In December, a Florida woman reacted to the penis being forced into her mouth by biting. Twenty-seven-year-old Charris Bowers told police that despite the fact that she didn’t want to have oral sex, her husband, Delou pushed himself into her mouth, and that she clamped down to get him to stop. He responded by punching her in the head until she let go. In the end no charges were filed against Delou, even though it is illegal for anyone, including a spouse, to make another person perform a sex act. Charris, on the other hand was arrested and charged with battery. Apparently, the era of blaming the victims of sexual assault is not a thing of the past.
10) That sexual double standards for men and women are alive and well shouldn’t come as a shock to anyone. But a Wisconsin town recently showed just how damaging such notions can be. On consecutive January days in Sheboygan, Wisconsin, seventeen-year-old Norma Guthrie and seventeen-year-old Alan Jepsen were charged with sexual assault for having consensual sex with their fourteen-year-old partners. However, that’s where the similarities between the cases end. Guthrie was charged with a misdemeanor, which carries a maximum nine months in prison. Jepsen, on the other hand, was charged with a felony, which carries a maximum twenty-five years in prison. The Sheboygan Press reports, “Assistant District Attorney Jim Haasch, who filed both complaints, said the misdemeanor charge was filed in part because Guthrie has no prior criminal record. But online court records show Guthrie has a pending charge of misdemeanor battery, filed in October. Haasch would not say whether Jepsen has a prior juvenile record — which is typically sealed — but the boy has no adult charges listed in online court records. Haasch also said the cases are different because Guthrie’s boyfriend is “almost 15,” with a birthday in February. Jepsen’s girlfriend turns 15 in April.”
11) In December, something called a paramour clause was used to force a lesbian in Tennessee to move out of her house and away from her family. The clause prohibits cohabitation of unmarried partners if minor children are in the home. In this particular situation, the lesbian couple had lived together for over ten years. Much of that was with the biological mom’s kids, who were the product of a previous relationship with a man. There was no indication that this living situation was harming the thirteen and fifteen-year-old teens. Nor had the father requested that his ex’s partner move out. Still, a custody judge imposed the rule, leaving few options for the women in a state where same sex couples cannot legally marry. And people wonder why Proposition 8 matters?
12) As a sex ed. teacher, I believe in answering teens’ questions honestly and in using language that they will relate to and understand. So had I overheard a conversation between a New York State high school teacher and some of her students, I probably would have applauded her candor. But I didn’t get wind of this conversation. Josephine Isernia’s school board did. According to the board, when asked for advice on oral sex by one of the girls, Isernia used words that were, “vulgar, obscene and disgusting.” The words in question? Head job, hand job, and fellatio. Isernia was a teacher with over twenty years of experience who had never been in trouble before. Yet despite her clean record and the fact that the students sought her out for information, when 2009 rolled around, she was out of a job and educators everywhere were given a sad wake up call.
13) Remember a few years back when PDA policies were making the news every other day? Lately stories about sexting and mom’s who pose as teens on MySpace, have been stealing the headlines. But rules regarding public displays of affection never really went away and this February, twenty-two-year-old Jessica Garica was arrested at her local mall for kissing her girlfriend. According to Garcia, mall security told the couple, “This is a family mall, y’all can’t do this. Y’all kissed, and if y’all do it again I’m going to write you a citation or I’m going to kick y’all out.” The mall countered that after being asked to leave following the kiss, the couple returned and became belligerent. This, a mall spokesperson claimed, and not the kiss, is what lead to the arrest. Regardless, Garcia is considering suing for discrimination.
14) Imagine this: You’re sixteen and having sex with your boyfriend. You want to be safe so you ask your mom to take you to the doctor for birth control. Most people would call this a sign of maturity and responsibility. The state of Mississippi would call it an incident to be reported to the cops. That’s because a bill that passed in January makes it a crime for parents not to report to the police that their kids are having sex. The Mississippi Child Protection Act of 2009, requires mandatory reporting of sex crimes against children and imposes new abortion restrictions on minors. Though there is much to quibble with in the bill, one section is particularly alarming. This is the clause that prohibits, “the intentional toleration of a parent or caretaker of the child’s sexual involvement with any other person.” Supporters of the law claim that they are trying to protect young people from abuse. But nowhere does the bill distinguish between sexual abuse and consensual sexual encounters between teens. Mississippi already boasts the highest teen pregnancy rate in the country. Maybe they are striving for the number one spot in preventing parent/child communication, as well…
15) This past November, a convicted sex offender in Oklahoma had little reason to celebrate having his criminal record expunged. That’s because the requirement that he register as a sex offender for life remained. This is particularly problematic seeing as the individual in question is a kid. Due to age of consent laws, he was convicted at sixteen of having consensual sex with a thirteen year-old girl. His mother explains that sex offender status meant the boy was, “removed from high school [and] prohibited from being in the presence of children other than his younger brother. He can’t go near schools, day care centers or parks. His brother, age 11, can’t bring friends into their home. If his brother had been a girl, Ricky [the offender] would have been removed from his home.” The United States has some of the toughest sex offender laws in the world and Ricky is far from the only teen forced to live under such conditions. As Human Rights Watch reports, “Some children are on registries because they committed serious sex offenses, such as forcibly raping a much younger child. Other children are labeled sex offenders for such non-coercive or nonviolent and age-appropriate activities as “playing doctor,” youthful pranks such as exposing one’s buttocks, and non-coercive teen sex.”
There has been talk recently about America’s liberalizing morality. But as long as teens and gay men are still under attack for having sex, and teachers and parents still get in trouble for taking about it, then it would seem as if there is still quite a ways to go before we can claim that this is the dawn of a progressive new era.