THE MATTACHINE

AND

MAGAZINE

EYE TO EYE

In a legal move that can be actually historic, the Mattachine Society has taken on a case in California which challenges the notorious "vaglewd" laws. Most people are unaware that such laws which legislate against "lewdness" are completely unconstitutional because they make it possible to punish a person for a state of being rather than an act. This fact is vitally important to every citizen regardless of sexual preference.

The attorney for the Mattachine directly challenges this legislation with the unanswerable claim that these laws do not state a public offense and are in direct violation of the Fourteenth Amendment of the Constitution of the United States. "It is a denial of due process because of the vagueness of the statute and it also violates the equal protection clause because of discriminatory enforcement. It further violates due process in that it punishes a state of being rather than an act which is contrary to all concepts of law and justice."

He went on to point out how the winning of this case will have a national effect: "This extremely unjust law-which has counterparts in every State in the Union-is so loosely drawn that it can quite conceivably encompass every type of activity which might disturb a bigoted policeman. If we can prevail in this case and have the statute declared unconstitutional, similar statutes throughout the country would be open to attack and could also be declared invalid."

However, many deviants

The Mattachine fully intends to take this case to the Supreme Court of the United States if necessary. Details of the boldly ambitious undertaking will be in the April issue of ONE. In the meantime, the collection of funds has begun with real success in Los Angeles. Deviants, near-deviants and those who have never thought of deviating but see the viciousness of this law, have come through to help in immense numbers. They know that this case will be just as big as homosexuals want to make it. To raise it from only local significance, will take money. To fight on up to the Supreme Court, will take lots of money.

look at it this way: "Perhaps five dollars now will save me five hundred if and when I'm arrested. It's worth the gamble." A dollar from every fifth homosexual in the U. S. would be enough to fight a hundred cases.

Send your share NOW to: THE MATTACHINE SOCIETY, POST OFFICE BOX 1925, MAIN POST OFFICE, LOS ANGELES 53, CALIFORNIA.

ONE is with the Mattachine unreservedly on this specific issue.

Bülow