Tennessee Sodomy Law Targeted for Extinction Park Commission Closes

News of Interest to the G�y Community FREE! Published as a Service of The Memphis Gay Coalition Volume 8, Number 10 Memphis, Tennessee October, 1987 Tennessee Sodomy Law Targeted for Extinction The National Gay and people have been arrested and consensual lovemaking in the so-called sodomy laws, since the Lesbian Task Force has charged under the law. Most were relative privacy of an automobile Supreme Court affirmed the right announced plans to attack the entrapped by undercover police late at night Neither man had a for ·States to pass such laws. Tennessee "crimes against nature" conducting a campaign of harass prior arrest record of any kind. Without a Supreme Court deci law. A meeting has been set with ment in the Nashville Parks and They face possible five-year sion striking down individual ACLU officials, local Gay rights have pled guilty to reduced sentences, but will likely be state laws, the only way they can organizations, and Sue Hyde, charges. According to Ms. Hyde, granted probation soon. Even if be repealed is through the state Director of NGL1Fs Privacy "The overwhelming majority of they are granted probation, they legislatures. Project. The meeting will take these men were not engaged in will be convicted felons for the The meeting is being co place in Nashville on Nov. 7. sexual acts in the park, but had rest of their lives, according to sponsored by NGLTF, the The Tennessee "crimes gone to the park to meet other Hyde. "How many of us who ACLU, the Tennessee chapter of against nature law" criminalizes people." have also engaged in the time NOW, and several local Gay and all homosexual behavior and In the eastern part of Ten honored tradition of 'parking' Lesbian organizations. much heterosexual behavior in nessee, two men encountered a would expect to endure a public For further information, call the state. Conviction under the district attorney general who trial and live as a convicted felon Hedy Weinberg at the ACLU current law can result in 5-15 decided to "make an example" of for committing this 'crime'?", office in Nashville at (615) 256- years in prison. them to frighten other Gay asked Ms. Hyde. 7028 or write ACLU of Tennesse, Contrary to popular belief, people. The D.A. refused to plea The Task Force has PO Box 120160, Nashville, TN the law is enforced in Tennessee. bargain with the men, even embarked on a state-by-state 37212. Within the last year nearly 300 though their "crime" was crusade to rid the country of the Gay Community Protests Park Commission Closes Williamson Park to Adult Activity - V olleyballers Ousted Memphis Apparently language, and public urination - had three softball teams playing so few available." The conceding to neighbors' activities denied by the MGAA. in their softball league and were Commission said that it would complaints about "undesirables" However, the park restrooms have planning for football in the fall." add volleyball courts in Overton in Williamson Park, the been closed and locked for some The group has begun circulating Park. Memphis Park Commission time. "It was obvious they didn't petitions to have the Commis "Adding another 40 cars to unanimously voted Sept. 16 to want us here. We even had some sion reconsider its action. Overton Park on a Sunday prohibit adult athletics in neighbors harassing us about In addition to removing the afternoon isn't reasonable either," Williamson Park. According to being Gay," said House. basketball and soccer goals and said House. "What we're really Bob Brame, Assistant Park Another group which had the poles for volleyball nets, the dealing with here is the bigotry of Director, "no adult activities" will been playing basketbaU at the Commission voted to close the a small group of neighbors be allowed in the park. park complained two months ago park from dusk to dawn. Most A protest demonstration Williamson Park had been when their basketball goals were city parks are closed from featuring live music, games, and a the site of the Sunday afternoon removed without notice. About Midnight till dawn. picnic was held on Sept. 21, but voUeyball games sponsored by the same time, Janis Foster, "We don't have a problem the Park Commission's new rules the Memphis Gay Atheletic president· of the Evergreen with them closing the park at apparently were not in force. Asssociation (MGAA) for almost Historic District Association dusk," said House, "but as About 50 people arrived and a year. The park was chosen (ERDA),' complained that noise taxpayers we have the right to use played volleyball without inc primarily for its location (in from the sports was disturbing this park. It seems to me ident. At presstime the group said midtown on Williamson off neighbors in home adjacent to the unreasonable for the Park they plan to use the park until are Poplar between Overton Park Ave park. Commission to be dismantling they told to leave it and Avalon) and because the park A source present at a existing facilities when there are was relatively private. "It was meeting of the EHDA contends important for us to have a that the group seemed to be location where we could play concerned about the presence of undisturbed and where parents "blacks and Gays" in their park could bring their children," said (emphasis ours). As presented to John Mark House, one of the the Park Commission, however, organizers. the term used was "undesirables." The controversy began "As one of the prime long earlier this year when the police term users of the park, we are apparently received some upset that the Park Commission complaints from neighbors did not even contact us about the alleging loud noise, foul parlc's closing," said House. "We Bork Not Appropriate for High Court by Allen Cook Robert Bork. And while Bork pre tion within the exact historical First Amendment's guarantee of an unchangeable condition like sents a polished, academic image context in which it was wJitten. "freedom of speech" should only race or gender." We stand now at a point in in the current hearings, his It would forever deny the validity extend to political statements, dis- He further wrote: time which may decide the fate of apparent stands on some issues to any claim that arose from allowing those expressions found "The proposal before us is Gay rights - indeed the right to seem to be waffling. He claims modem circumstances and render in material of a scientific, liter- simply an attempt to have this any sort of privacy. he does hold the same opinions the coUrt incapable of addressing ary, or artistic nature. faculty ratify .'•omosexuality, to In recent years, we have seen today that he once held. Perhaps modem concerns. It would have All in all, Judge Bork's have us state that it is immoral the Supreme Court take stands the smell of a Supreme Court to leave to the states the job of views show a radically constric- for society to have any preference contrary to Gay interests. In the seat is causing him to rethink his creating laws which, of necessity, ted point of view which could on the matter. I do not believe Hardwick case, we see a decision positions. I doubt it need to be consistent nationally. severely alter the way in which that it is immoral for society or wherein the Supreme Court con Bork is a constitutional con Judge Bork believes that the the Court views cases and virtu- for individuals in it to have such dones a state law which prohibits sttuctionist - that is, if it isn't Supreme Court should never have ally gut many existing guaran- J preferences." homosexual acts, even those referred to directly in the Consti recognized a Constitutional right tees. I Lambda Legal Defense calls occurring in the privacy of one's tution, it isn't protected. Most of to privacy. He has described the Wonder what Bork thinks of these statements shocking and bedroom with another consenting the current Supreme Court Court's decision in Griswold (the Gays? charges that Judge Bork condones adult The recent San Francisco Justices view the Constitution as 1965 landmark case from which Of course, we could look at discrimination against Gay men Arts & Athletics case revealed that an ever-changing, evolving docu almost all modem privacy cases the Dronenberg case, in which and Lesbians, even in a matter as the Supreme Court believes that ment. Certainly there are precious grow) as "unprincipled," and the Bork held that a Navy petty fundamental to one's survival and Gays should not even be able to few things in 1987 which were logic behind it as "utterly spec officer with a long, unblemished well-being as employment. They use the word "olympic" to even imagined in 1787. Bork's ious." And he has characterized record could be discharged solely are, in short, homophobic state describe a quadrennial athletic notion of judgements which the 1973 case, Roe v. Wade, the for engaging in private, consen- ments. event could only be based on the privacy decision setting forth the sual acts with another adult. Bork We agree with Lambda in . Currently in Washington "original intent" of the indivi right to an abortion, as "unconsti affirmed the Navy's policy of saying that no person holding another Reagan nominee is being duals who wrote the Constitu tutional" itself. His argument discharging Gays from the such biased viewpoints is considered for the high court - tion, would freeze the Constitu- seems to be that because abortion military. appropriate for appointment to is not mentioned in the Constitu In 1978, when Judge Bork the Supreme Court.

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