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The Nuntius & Our Community, Vol. 4, No. 7, July 1973
File 010
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The Nuntius & Our Community, Vol. 4, No. 7, July 1973 - File 010. 1973-07. University of Houston Libraries. University of Houston Digital Library. Web. June 1, 2020. https://digital.lib.uh.edu/collection/gcam/item/2967/show/2955.

Disclaimer: This is a general citation for reference purposes. Please consult the most recent edition of your style manual for the proper formatting of the type of source you are citing. If the date given in the citation does not match the date on the digital item, use the more accurate date below the digital item.

(1973-07). The Nuntius & Our Community, Vol. 4, No. 7, July 1973 - File 010. Gulf Coast Archive and Museum (GCAM) Digital Archive. University of Houston Libraries. Retrieved from https://digital.lib.uh.edu/collection/gcam/item/2967/show/2955

Disclaimer: This is a general citation for reference purposes. Please consult the most recent edition of your style manual for the proper formatting of the type of source you are citing. If the date given in the citation does not match the date on the digital item, use the more accurate date below the digital item.

The Nuntius & Our Community, Vol. 4, No. 7, July 1973 - File 010, 1973-07, Gulf Coast Archive and Museum (GCAM) Digital Archive, University of Houston Libraries, accessed June 1, 2020, https://digital.lib.uh.edu/collection/gcam/item/2967/show/2955.

Disclaimer: This is a general citation for reference purposes. Please consult the most recent edition of your style manual for the proper formatting of the type of source you are citing. If the date given in the citation does not match the date on the digital item, use the more accurate date below the digital item.

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Title The Nuntius & Our Community, Vol. 4, No. 7, July 1973
Contributor
  • Frank, Phil
Date July 1973
Language English
Subject
  • LGBTQ community
  • LGBTQ people
Place
  • Houston, Texas
Genre
  • newspapers
Type
  • Text
Identifier OCLC: 28912012
Collection
  • University of Houston Libraries Special Collections
  • LGBT Research Collection
  • Gulf Coast Archive and Museum (GCAM) Digital Archive
Rights No Copyright - United States
Note This item was digitized from materials loaned by the Gulf Coast Archive and Museum (GCAM).
Item Description
Title File 010
Transcript inatory practices which flow from the existence of such laws. I am writing to you at this time in the hope of acquainting you with our project and enlisting your assistance and cooperation as a group informed and interested in this area of the law. As you know in most states young people peaceably living in communes, hippies,homosexuals,prostitutes, marrieds and singles are subjected to selective enforcement of the criminal statutes which ban adultery, fornication, sodomy and other private consensual activities between adults. Although it is true that these criminal statutes are infrequently enforced because itis difficult to do so, it is imperative that they be eradicated as they are used as the primary justification for the pervasive denial of equal employment, housing, public accommodations and governmental benefits and rights to homosexuals. Of course these laws are used as a thin veneer for societal disapproval of differing modes of sexual orientation and life styles. Unfortunately, the disapproval is often based on widespread ignorance of homosexual motivations' and activities. Prostitutes, too, suffer unequal enforcement of the laws because of society's disapproval. The police employ criminal ''solicitation'' and "loitering'' statutes as well as improper har- to ensnare both homosexuals and prostitutes because of the difficulty encountered in discovering and prosecuting their truly private sexual activities. We believe the time if particularly ripe to challenge these laws and patterns of discrimination as a result of a combination of the recent landmark extension of the constitutional right to privacy by the Supreme Court in the abortion decisions, the recent surfacing of homosexuals who arewillingtoas- sert their rights, and the relatively new concurrent emerging tolerance in society, erance in society. In view of the general problems and developments in the area the following priorities have been identified for the project: 1) Removing criminal sanctions against consensual sexual acts between adults in private through use of litigation and legislation. Lit igation includes filing of affirmative class action suits as well as defense of those actually prosecuted for violation of the statutes. 2) Eliminating public and private employment disc rimination aga - inst homosexuals through litigation legislation and public education, 3) Eliminating discrimination against homosexuals in public housing and accommodations. 4) Decriminalizing prostitution. 5) Eliminating police harassment of homosexuals and prostitutes by challenge to the loitering and solicitation laws. 6) Protecting the rights of homosexuals to visit and have custody of their natural children. In furtherance of the listed priorities the project will endeavor to mount a coordinated national litigation and legislation effort against the restrictive laws and practices; compile and maintain an up-to- date docket of significant past and pending ACLU and non-ACLU cases in the area, which will be circulated to all ACLU affiliates and other interested people and organizations around the country willing to participate in litigation; conduct an investigative survey of the laws and discriminatory practices in each jurisdiction; develop case materials, model pleadings and other litigation tools to assist lawyers in litigation of cases; and draft model legislative memoranda for use in affiliate lobbying efforts. In furtherance of these goals I hope that you will keep me informed for your general activities through your publication and keep me advised of important developments as they occur via mail or phone. I will keep you on our mailing list. If the address is incorrect or if you would like to designate one person for us to contact please write and tell us so. Please feel free to call or write at any time with information as a coordinated effort is of extreme importance. I hope to be hearing from you soon..' " Marilyn G. Haft Director,. Sexual Privacy Project American Civil Liberties Union 22 East 40 Street New York, N.Y. 10016 your hostesses Delaware has new sex law On July 1, 1973, consenting sexual relationships, in private, between consenting adults (homosexual relationships included) became law of the First State of the Union, Delaware. (To me, that is as surprising as if the. Southern Baptist Convention were suddenly to advocate the use of heroin.) Nevertheless, it is true. But, a little history first. Delaware has always been the unusual State, insofar as it's statutes are concerned. Many years ago, most of the States and Commonwealths of the Union were beginning to formulate laws concerning the legal processes of incorporation. Many States and Commonwealths listed a maximum of 26 reasons for which it was legal to incorporate a firm. Delaware stood alone in permitting any group of people to incorporate for any reasonable (i.e., not unlawful) purpose. As a consequence, most of the major big businesses today are incorporated in Deleware. One of the first of the major groups to be incorporated in Delaware was the A. I. du Pont de Nemours Corporation. Their corporation was followed iruickly by the then New Ford Motor Co., General Motors, General Foods, etc. Believe it or not, each of these companies maintains a small "home office" in the cities of Wilmington or Dover (the Capitol) for the purpose of maintaining their corporate status. . Despite the seeming progres- siveness of Delaware Law, many old pre revolutionary laws were kept on the books. For example, the whipping post law still exists today. If a person, breaks parole, steals a car, is convicted-of pickpocketing, and several other specific offenses, he maybe sentenced to, "twenty lashes with a cat- o-nine-tails, well laid on by a strong man." (If that's your bag, move to Delaware and become a criminal, but, be sure of your offense--you may get a lenient judge.) The constitutionality of the above law is being contested under Ricci & Rita BOABIM 60'S CMB POOL - DANCING • MIXED DRINKS Open Tuesday tnioggh Sunday 5pm - 2am (Closed Sundays) 2305 S. SH9HERD 52S 9430 the provision of the Bill of Rights against "cruel and unusual punishment." In 1962, Gov. Charles L. Terry (deceased) recognized the confused status of the Delaware Penal-Code. He appointed a commission, consisting of 13 attornies-from various parts of the State and Professor of Law from the University of Pennsylvania. The committee was charged with the responsibility of codifying the Delaware Penal Code. The committee submitted its first revision of the Code to the Governor. Included in the Original Report was: Section 433, p. 236f: "A person is guilty of cons ens ual sodomy when he engages-iR deviant sexual intercourse with another person. '• Is is no defense that the other 1 person consented to the deviant sexual intercourse." Under the section titled, "Definitions" is the statement, "Deviant sexual intercourse includes sexual relations with persons of the same sex." The entire revision of the Penal code was presented to the General. Assembly of the State of Delaware and was roundly defeated due,to the vagueness of the terms used in the report. A" second and third revision of the Original"Report were prepared, presented,' aridde-. feated in the General Assembly. Meanwhile, Gov. Terry was defeated in the following gubinotorial election and was succeeded by<jov. Russell Peterson (Republican). Jiy that time, a fourth report was introduced to theGeneral Assembly under the title Senate Sub. #1 or S.B. 356 in 1972 during the second session of the 126th General Assembly. The fourth revision was based by the General Assembly and was signed into law by Gov. Peterson. The significant difference between the first and fourth revision of the Delaware Penal Code, insofar as homosexuals are concerned, was the omission of Section 433 altogether. The fourth revision will become effective July 1, 1973. (The reason for the delay in the effective date was due to typographical errors in the printing of the fourth revision of the Original Report.) As things stand now in Deleware, the following offenses remain a part of the Penal Code. The following list is restricted to those offenses which might be of concern to homosexuals. Section 761: Sexual Assult. The following is not an exact quote from Sect. 761. The section reads essentially that a person is guilty of sodomy is he engages in sexual relations with a person of.the same sex who is under age 16 if the former is over the age of 20. Exception: If a minor (defined in Delaware as a person who has not reached the age of 20 — not 21 as in many States) engages in sexual relations with a person no more than 4 years younger or older than himself, no crime has been committed, provided that the act occured in private. For example, if a 16 year old man were to engage in sexual relations with a 13-year -year old man, no offense has been committed; no investigation may insue; and no court hearing is required. The defendant, in the above case cannot even be arrested. Section 763: Rape. (This section should be self-explanatory as it resembles the statutes of-the remainder of the States and Commonwealths of the Union ,1_ Section 766rS^ormy.-"ATrerson is guilty of sodomy if he engages in sexual relations with a person of the same sex who has not consented to such a relationship." Sodomy is a class B felony. Under Definitions: Section 1341: "A person is guilty of lewdness when he does anylewd act in any public place or commits any lewd act which he knows is likely to be observed by others Page 9
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