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The Nuntius, Vol. 2, No. 6, June 1971
File 019
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The Nuntius, Vol. 2, No. 6, June 1971 - File 019. 1971-06. University of Houston Libraries. University of Houston Digital Library. Web. January 22, 2021. https://digital.lib.uh.edu/collection/gcam/item/3587/show/3580.

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.

(1971-06). The Nuntius, Vol. 2, No. 6, June 1971 - File 019. Gulf Coast Archive and Museum (GCAM) Digital Archive. University of Houston Libraries. Retrieved from https://digital.lib.uh.edu/collection/gcam/item/3587/show/3580

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, Vol. 2, No. 6, June 1971 - File 019, 1971-06, Gulf Coast Archive and Museum (GCAM) Digital Archive, University of Houston Libraries, accessed January 22, 2021, https://digital.lib.uh.edu/collection/gcam/item/3587/show/3580.

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, Vol. 2, No. 6, June 1971
Contributor
  • Frank, Phil
Date June 1971
Language English
Subject
  • LGBTQ community
  • LGBTQ people
Place
  • Houston, Texas
Genre
  • newspapers
Type
  • Text
Identifier OCLC: 28911959
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 019
Transcript n 6. The threat of criminal sanctions encourages extortion and police corruption. 7. There is injury to the institution of marriage, created by the "threat" of prosecution (no matter how unrealistic this may be), the establishment of sexual taboos and the possible inability of married couples to obtain good professional advice because of statutes outlawing the very conduct which professionals might advise. 8. One intuits that the moral climate and sense of the national community does not adamantly insist upon punishment for sodomous behavior. 9. There is no evidence that there is an iota of functional harm caused by any of these practices. 10. It is not desirable to develop the disrespect for law that is engendered when it is violated with impunity by millions of persons. The key to constitutional attack on sodomy statutes is the lack of any secular or functional interest in society's preventing the condemned acts. There is no evidence that buggery, oral-genital relations or bestiality adversely affects the physical or mental well being of the participants. If there were some evidence, only then would we be faced with the more common dilemma posed by statutes that purport to protect individuals from themselves (such as marijuana laws). TheMojority Sodomy laws are really nothing but laws on morality, with no substantive basis other than history, founded almost entirely in religious beliefs. Some have argued that the government has a legitimate interest in protecting the peace of mind of the many people who object strongly to sodomy - that these people feel safer by knowing that those who perform sodomous acts are committing crimes. This position would justify any legislative act desired by a majority. A majority could always restrain a minority, whether or not the conduct of the minority interfered with the conduct of the majority. Sodomy laws do not further the majority interest, for the majority is in no way affected by what others may do with their private sex lives. Given the basic premise that there is no rational, let alone compelling, secular or functional justification for sodomy laws, one can begin to construct a constitutional theory for attack. This is not the place to go into the ramifications of constitutional theories, but a broad outline suggests that the First Amendment's ban on the establishment of religion, the due process clauses of the Fifth and 14th Amendment, the Ninth Amendment, and the .concepts of privacy all can be utilized in attacking sodomy laws; NUNTIUS PUBLISHED MONTHLY HOUSTON, TEXAS Editor- Phil Frank Assistant Editor - Paul d'Arcy Advertising - Tim James Production - Marion Smoots 4615 MT. VERNON HOUSTON, TEXAS 77006 524-5612 CCS? SUBSCRIBE TO THE NUNTIUS $4. - 12 Issues CI ossified Advertising - 10tf per word ENCLOSED $. Name Address _ City State The NUNTIUS 4615 Mt. Vernon Houston, Texas 77006 AP0U0 NEWS COMPLETE LINE OF ADULT BOOKS AND MAGAZINES —- MOVIE ARCADE 25* 5l5J/2 E. Houston St. San Antonio, Tex. At a time when some courts are ready to knock down restrictions on hairstyles, anti- abortion statutes, and requirements for motorcyclists to wear helmets, the sodomy statutes should be easy prey. Indeed, if it were not for the emotionalism that surrounds the subject, these anachronisms would probably have been laid to rest long ago. George Schatzki is on the faculty of the University of Texas School of Law and is vice president of the Texas CLU Board of Directors. He wrote the CLU's amicus brief" in a lawsuit last year that successfully challenged Texas's prohibition of sodomy between married couples. The NECKTIE John E. O'Connor For, her.trip down to the railroad station Mrs. Hartley had put on her lightest summer dress, a white skimmer silhouette with open collar and brass buttons. She had better dresses, but none more cool. Though on a day like this, Mrs. Hartley decided, coolness was simply impossible. Nothing less than air conditioning could have saved her from the murderous Houston heat, and by the time the taxi had reached the station she was prespiring freely. It wasn't much better inside the station house, despite the noisy working of a fan perched upon the cigarette machine. The clerk on duty informed, her that the train from New York would be fifteen minutes late, so Mrs. Hartley went outside to the station platform, and there she waited. There was a meager breeze on the platform and the air was heavy with the smell of salt and loud with the shouting of three negro children playing tag on the vacant lots between the railroad and the warehouse district. With a handkerchief Mrs. Hartley patted away the little slivers of perspiration from her upper tip. She didn't mind her discomfort. What worried her was the possibility of her looking a fright by the time the train arrived, bringing home her son Glenn, whom she hadn't seen for years. Mrs. Hartley wanted to look good for Glenn. She had the sort of open, large- featured face that never loses its beauty, and a figure that was extraordinary for a woman of fifty years. Mrs. Hartley felt a sudden surge of pleasure, brought on by the familiarity of the station house and the vacant lots and the warehouses. They took her back to the early years of her marriage, when she and Mr. Hartley and Glenn had - lived in a duplex just four blocks from the station and right across the street from the Leveri dges'. The Leveridges were good neighbors who soon became their best friends. They had two children: a daughter, Louise, whom Mrs. Hartley did not see' much of, since she played with the girls from a different block; and ' a son,' Rick, whom Mrs. Hartley saw almost as frequently as Glenn, for the two boys were constant companions. Mrs. Hartley and her husband had always approved of Rick as a playmate for Glenn: they seemed pretty evenly matched in strength, in intelligence,and in disposition, without either tending to overwhelm the other. After school and during their vacations, the boys would go off together, usually to the lots by the railroad,which had been unofficially designated as the neighborhood playground. They were inseparable. Even after the Hartleys had moved from Newport News out to Warwick, the boys would commute by bus or bicycle to each other.'s home, and that soon became unnecessary when the Leveridges themselves moved out to Warwick. The boys attended grade school and high school together, took the same courses, doubledated with the same girls, and chose to attend the same college. They had chosen Dartmouth. Each week Mr. ond Mrs. Hartley would receive one of Glenn's good long newsy letters, which always contained much mention of Rick: how he and Rick enjoyed their double in Richardson Hall; how Rick had received a bid from Zeta Psi and Glenn had not, while Glenn had received a bid from SAE and Rick had not, and so they'd decided not to join any fraternity (that decision had bothered Mr. Hartley, a good SAE man), and how they were both developing ambitions for for the legal life. The ambitions held, and after graduation from Dartmouth, the boys enter? ed the Columbia school of Law where they studied for three years. It was after those three years that the boys started going in different directions, although they did remain in New York and share the same apartment on the East Side. Glenn became a junior partner for a new vigorous legal firm, while Rick became a salaried consultant for an insurance' company. Mrs- Hartley had always wanted to go to New York to see them, but she had been tied down by 6rie; thing or another in Newport News: her husband's death, the time-con--: ■sum'ihg task of managing his estate, her presidency of the Women's League, and other ■ matter's. During those years Mrs. Hartley had seen Glenn only once - ages ago it seemed, and that was during the frantic ordeal of Mr. Hartley^ funeral. Only recently had she' found herself, for the first time in her adult life, without any--, thing important to do. Whe had ■ finally resolved to visit Glenn' at the end of summer when, yesterday morning, she had received a long-distance phone call from her son. What he said had given her a great shock. He was coming home. He had given up his practice and was leaving New York for good. Why? He wouldn't say over the phone. "But what about Rick?" Mrs. Hartley had asked. It seemed that Rick was staying behind. Glenn's voice had had on unusual matter-of-factn ess about it, and Mrs. Hartley had listened for some clue, some indication. . - "He' come de train," the negro girl announced. Mrs. Hartley looked uown the tracks. Sure enough the train was coming. A small crowd had gathered on the platform, and now they moved out from beneath its shade over to the place where the passengers would alight. Mrs. Hartley could feel her excitement mounting as she accompanied them. As the train ground and clattered to a stop, Mrs. Hartley scanned the windows for Glenn's face, but it was not to be found. Anxiously, she watched the passengers as they filed out, and was beginning to think that Glenn must have been delayed when she felt someone squeezing her arm. She turned around. It was
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