Court decisions favorable to gays

Judicial decisions in three different courts have coincided with positions supported by gay groups. In one, a U.S. Supreme Court decision, students of the court see an improvement over a similar decision in 1978.

On December 15, 1980, the Massachusetts Supreme Court, taking as its example a decision of the California Supreme Court, set aside as unconstitutional a Massachusetts law making it a criminal offense to be "lewd, wanton and lascivious person.. in speech and behavior."

Edward Sefranka had been arrested after soliciting a vice officer for a sex act, though the officer admitted that Sefranka had suggested the act be done in a private home.

After his conviction, Sefranka appealed, and the court struck down his conviction saying that future arrests under the statute must involve solicitation for sex in a public place where the sex

act might be viewed by someone who might be offended by viewing of the act. A similar Oklahoma statute is presently being challenged in the Oklahoma Court of Criminal Appeals.

On December 18, in the People vs. Onofre, the New York State Court of Appeals struck down the state's consensual sodomy law. The case involved two men between whom there had been a sexual relationship for a period of time; the sexual acts had occurred in a private home and 'had not involved the legal complications of entrapment or public sex. The court ruled that it. could see "no rational basis" for excluding from legal protection any sexual conduct "so long as the decicions are voluntarily made by adults in a noncommercial, private setting." Lawyers for the defense hold that the ruling's recognition of privacy rights will act as a precedent in future child custody, housing.

Sodomy law struck down

The New York Court of Appeals in January struck down the state's consensual sodomy statute. The court, in a 5-2 decision, declared the statute unconstitutional relying on a constitutional right to privacy and the equal protection clause. "This decision is a major victory for sexual privacy and for gay people because it establishes a constitutional right to engage in private consensual sexual conduct," declared Margot Karie, President of Lambda Legal Defense.

"The People have failed to demonstrate how government interference with the practice of personal choice in matters of intimate sexual behavior out of view of the public and with no commercial component will serve to advance the cause of public morality or do anything other than restrict individual

conduct and impose a concept of private morality chosen by the State," Justice Hugh Jones stated in the majority opinion.

Rosalyn Richter, Executive Director of Lambda, stated, "The Onofre decision brings New York into the growing group of states which have struck down their sodomy laws. It will launch new efforts by Lambda to challenge the remaining sodomy laws. We will also seek to expand the scope of the privacy right established by this decision to other areas such as housing and employment."

The decision struck down Penal Law S130.38 which prohibited anal and oral sex between unmarried persons. The decision affirmed a unanimous opinion issued by the New York Appellate Division, 4th Dept., in Jan. 1980.

and employment cases.

In a U.S. Supreme Court decision on December 8, 1980, the court unanimously refused to grant to Texas A and M University the right to be immune from a civil rights suit by the Gay Student Services organization of that university. The suit was originally filed against the university to force it to grant official recogition to the gay group: the suit.

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asking for damages and an injunction against the university. will now be tried in the Federal District Court for the Southern District of Texas.

Students of the U.S. Supreme Court take special note that the court's decision was unanimous. In a similar case in 1978, dissenting Justice Rehnquist, joined by Justices Blackman and Burger. had urged the court to accept the

university's case for immunity. He had written: "From the point of view of the university... the question is more akin to whether those suffering from measles have a constitutional right... to associate together with others who do not presently have measles in order to urge repeal of a state law providing that measles sufferers be quarantined."

GRNL calls for Petition Drive

WASHINGTON, D.C.--On January 14 the Gay Rights National Lobby today announced the first step in its "Plan for Action" for the 97th Congress--a National Petition Drive against anti-gay bills and amendments. The Petition Drive is designed to collect over 250,000 signatures, demonstrate favorable constituent pressure and substantially expand the Lobby's Constituent Network for gay civil rights.

To carry out the Petition Drive, the first step in a coordinated and concerted "Plan for Action," Gay Rights National Lobby will make use of its existing Constituent Network. "Field Associates," GRNL's local organizers in various Congressional districts, will organize groups of workers to distribute and circulate the petitions.

Said Steve Endean, Executive Director, "For some time now, Gay Rights National Lobby has been warning of serious dangers on the horizons. We hope that the electons have sufficiently jolted the community to induce the effective grass-roots operations necessary."

look-out for several threats from the 97th Congress, including: (1) Enactment of the so-called "Family Protection Act, a virtual shopping list for the New Right including several anti-gay provisions; (2) Enactment of legislation designed to deny gay and lesbian organizations and those that view homosexuality positively any federal funds (a sur-

prising number of gay groups receive CETA funds or various mental health and/or chemical dependency funds), (3) The denial or revocation of taxexempt status to gay groups, including organizations such as the Universal Fellowship of Metropolitan Community Churches, and (4) finally, Endean indicated that "Christian Voice" has been publicly considering a clever strategy designed to force repeal of all of the local gay rights ordinances in the country.

"Clearly, the coming Congressional Session will be a very difficult one for those committed to justice for gays. Only by mobilizing grassroots support, by methods such as the Petition Campaign, do we have a chance of defeating these efforts to turn Endean said that he is on the back the clock," said Endean. He

GEAR has housewarming party

By Bill Suhay

The GEAR Foundation held a housewarming party at its new Gay Community Center on December 14.

Over 200 guests came from all parts of Ohio to congratulate GEAR on being the first gay group in the country to own its own building.

Located at 2641 West 14th Street, Cleveland, the building was purchased in autumn of last year after several months of intensive fund-raising. GEAR took occupancy last November and has succeeded in renting out the five apartments and office on the second floor and two ground floor sections. The Gay Community Center, which houses the Gay Hotline, occupies the center part of the ground floor.

Although renovation of the Center was not yet completed at the time of the housewarming, GEAR members managed to create a warm and inviting atmosphere with the use of soft lighting, furniture groupings, and fresh floral arrangements donated by Walsh's Flowers, Crest of McKee Florist, and Cowboy Jon.

A generous buffet was maintained throughout the party by

the trustees of the GEAR Foundation, who hosted the event.

Many of the guests expressed their pride in being members of a gay community such as Cleve-

went on to indicate that he expects to have some time to organize before anti-gay initiatives hit.

"The economy will be the immediate focus of attention. But the New Right, which is extremely concerned with social issues, can almost certainly be expected to press anti-gay bilis and amendments in the second half of the 97th Congress."

Kerry Woodward, West Coast Regional Field Director of GRNL, urged that lesbian and gay men take full advantage of this time in mobilizing our supporters. "We must act as if our very lives depend on what we do in the next few months."

Field Associates, local gay and lesbian organizations and others will begin circulating a variety of petitions almost immediately. Those willing to serve as ongoing GRNL organizers in their areas should write saying "I'm interested in serving as a Field Associate. Please send additional information." Others willing to assist in GRNL's Petition Drive may write for petitions: GRNL, Post Office Box 1892, Washington, D.C. 20013.

land's which had the courage and resolve to step out of the shadows and become a visible and significant part of society's mainstream.

Photos by Bill Suhay