Sodomy laws in the United States in the context of "Allen Ginsberg"

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⭐ Core Definition: Sodomy laws in the United States

The early United States inherited sodomy laws which constitutionally outlawed a variety of sexual acts deemed illegal, illicit, unlawful, unnatural or immoral from the colonial-era based laws in the 17th century. While these laws often targeted sexual acts between persons of the same sex, many sodomy-related statutes employed definitions broad enough to outlaw certain sexual acts between persons of different sexes, in some cases even including acts between married persons.

Through the mid to late 20th century, the gradual decriminalization of consensual sexual acts led to the elimination of anti-sodomy laws in most U.S. states. During this time, the Supreme Court upheld the constitutionality of its sodomy laws in Bowers v. Hardwick in 1986. In 2003, the Supreme Court reversed that decision in Lawrence v. Texas, which invalidated any state sodomy laws, some of which were still law in the following 14 states: Alabama, Florida, Idaho, Kansas, Louisiana, Michigan, Mississippi, Missouri, North Carolina, Oklahoma, South Carolina, Texas, Utah and Virginia.

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👉 Sodomy laws in the United States in the context of Allen Ginsberg

Irwin Allen Ginsberg (/ˈɡɪnzbɜːrɡ/; June 3, 1926 – April 5, 1997) was an American poet and writer. As a student at Columbia University in the 1940s, he began friendships with Lucien Carr, William S. Burroughs and Jack Kerouac, forming the core of the Beat Generation. He vigorously opposed militarism, economic materialism and sexual repression and he embodied various aspects of this counterculture with his views on drugs, sex, multiculturalism, hostility to bureaucracy and openness to Eastern religions.

Best known for his poem "Howl", Ginsberg denounced what he saw as the destructive forces of capitalism and conformity in the United States. San Francisco police and US Customs seized copies of "Howl" in 1956 and a subsequent obscenity trial in 1957 attracted widespread publicity due to the poem's language and descriptions of heterosexual and homosexual sex at a time when sodomy laws made male homosexual acts a crime in every state. The poem reflected Ginsberg's own sexuality and his relationships with a number of men, including Peter Orlovsky, his lifelong partner. Judge Clayton W. Horn ruled that "Howl" was not obscene, asking: "Would there be any freedom of press or speech if one must reduce his vocabulary to vapid innocuous euphemisms?".

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Sodomy laws in the United States in the context of LGBTQ history in the United States

The United States involved with lesbian, gay, bisexual, transgender and queer (LGBTQ) people, as well as the LGBTQ social movements they have built.

Until the 20th century, it was uncommon for LGBTQ individuals to live open lives due to persecution and social ostracization. The nation's Protestant roots led to a heteronormative culture, reinforced through sodomy laws, often falsely attributed to Puritans. These laws began when King Henry VIII established himself as head of the Church of England. With this came The Buggery Act 1533. Before this, while the Catholic Church was known to prosecute sodomites from time to time, sodomy was considered a church issue secular courts had little interest in.

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Sodomy laws in the United States in the context of Lawrence v. Texas

Lawrence v. Texas, 539 U.S. 558 (2003), is a landmark decision of the United States Supreme Court in which the Court ruled that U.S. state laws criminalizing sodomy between consenting adults are unconstitutional. The Court reaffirmed the concept of a "right to privacy" that earlier cases had found the United States Constitution provides, even though it is not explicitly enumerated. It based its ruling on the notions of personal autonomy to define one's own relationships and of American traditions of non-interference with any or all forms of private sexual activities between consenting adults.

In 1998, John Geddes Lawrence Jr. was arrested along with Tyron Garner at Lawrence's apartment in Harris County, Texas. Garner's former boyfriend had called the police, claiming that there was a man with a weapon in the apartment. Sheriff's deputies said they found the men engaging in sexual intercourse. Lawrence and Garner were charged with a misdemeanor under Texas' anti-sodomy law; both pleaded no contest and received a fine. Assisted by the American civil rights organization Lambda Legal, Lawrence and Garner appealed their sentences to the Texas Courts of Appeals, which ruled in 2000 that the sodomy law was unconstitutional. Texas appealed to have the court rehear the case en banc, and in 2001 it overturned its prior judgment and upheld the law. Lawrence appealed this decision to the Texas Court of Criminal Appeals, which denied his request for appeal. Lawrence then appealed to the U.S. Supreme Court, which agreed to hear his case.

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Sodomy laws in the United States in the context of Romer v. Evans

Romer v. Evans, 517 U.S. 620 (1996), is a landmark United States Supreme Court case dealing with sexual orientation and state laws. It was the first Supreme Court case to address gay rights since Bowers v. Hardwick (1986), when the Court had held that laws criminalizing sodomy were constitutional.

The Court ruled in a 6–3 decision that a state constitutional amendment in Colorado preventing protected status based upon homosexuality or bisexuality did not satisfy the Equal Protection Clause. The majority opinion in Romer stated that the amendment lacked "a rational relationship to legitimate state interests", and the dissent stated that the majority "evidently agrees that 'rational basis'—the normal test for compliance with the Equal Protection Clause—is the governing standard". The state constitutional amendment failed rational basis review.

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Sodomy laws in the United States in the context of LGBTQ rights in New Mexico

Lesbian, gay, bisexual, transgender, and queer (LGBTQ) people in the U.S. state of New Mexico enjoy the same rights as non-LGBTQ people. New Mexico has seen prominent advances in gay and lesbian rights in recent decades. Same-sex sexual activity has been legal since 1975. Same-sex marriage is legal statewide in New Mexico, as is adoption and access to fertility treatments for lesbian couples. Same-sex couples have had the same rights as heterosexual married couples since 2013. Discrimination on the basis of sexual orientation and gender identity is banned statewide in the areas of employment, housing and public accommodations. Additionally, conversion therapy on minors is prohibited in the state.

The state capital, Santa Fe, is often cited as one of the United States' gay capitals, and the state's largest city Albuquerque, including its large metropolitan area, is often referred to as a "gay-friendly" city. Opinion polls have shown that a majority of New Mexicans support LGBTQ rights and same-sex marriage; 2018 polling from the Public Religion Research Institute showed that 73% of New Mexicans supported anti-discrimination legislation protecting LGBTQ people.

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Sodomy laws in the United States in the context of LGBTQ rights in Oregon

Lesbian, gay, bisexual, and transgender, and queer (LGBTQ) people in the U.S. state of Oregon have the same legal rights as non-LGBTQ people. Oregon became one of the first U.S. jurisdictions to decriminalize sodomy in 1972, and same-sex marriage has been legal in the state since May 2014 when a federal judge declared the state's ban on such marriages unconstitutional. Previously, same-sex couples could only access domestic partnerships, which guaranteed most of the rights of marriage. Additionally, same-sex couples are allowed to jointly adopt, and discrimination based on sexual orientation and gender identity in the areas of employment, housing and public accommodations is outlawed in the state under the Oregon Equality Act, enacted in 2008. Conversion therapy on minors is also illegal.

Oregon is frequently referred to as one of the United States' most LGBTQ-friendly states, and is home to an active LGBT community with multiple bars, clubs, venues, events and other establishments. Governor Kate Brown (served 2015–2023) was the nation's first openly bisexual governor. A 2019 opinion poll conducted by the Public Religion Research Institute showed that 70% of Oregonians supported anti-discrimination legislation protecting LGBTQ people.

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