Keyword
in
Collection
Date
to
Montrose Voice, No. 95, August 20, 1982
File 004
Citation
MLA
APA
Chicago/Turabian
Montrose Voice, No. 95, August 20, 1982 - File 004. 1982-08-20. University of Houston Libraries. University of Houston Digital Library. Web. July 11, 2020. https://digital.lib.uh.edu/collection/montrose/item/2979/show/2953.

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.

(1982-08-20). Montrose Voice, No. 95, August 20, 1982 - File 004. Montrose Voice. University of Houston Libraries. Retrieved from https://digital.lib.uh.edu/collection/montrose/item/2979/show/2953

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.

Montrose Voice, No. 95, August 20, 1982 - File 004, 1982-08-20, Montrose Voice, University of Houston Libraries, accessed July 11, 2020, https://digital.lib.uh.edu/collection/montrose/item/2979/show/2953.

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.

URL
Embed Image
Compound Item Description
Title Montrose Voice, No. 95, August 20, 1982
Contributor
  • McClurg, Henry
Publisher Community Publishing Company
Date August 20, 1982
Language English
Subject
  • LGBTQ community
  • LGBTQ people
  • Gay liberation movement
Place
  • Houston, Texas
Genre
  • newspapers
Type
  • Text
Identifier OCLC: 22329406
Collection
  • University of Houston Libraries Special Collections
  • LGBT Research Collection
  • Montrose Voice
Rights In Copyright
Note This item was digitized from materials loaned by the Gulf Coast Archive and Museum (GCAM).
Item Description
Title File 004
Transcript August 20,1982 / Montrose Voice 3 Judge Says State's 'Homosexual Conduct' Code Not Constitutional Texas Human Rights Foundation president and Houston attorney Robert Schwab, part of the legal team that successfully challenged the constitutionality of the Texas "homosexual conduct" law By Johannes Stahl Section 21.06 of the Texas State Penal Code, which proscribed consensual sex between adults of the same sex, was ruled "unconstitutional" Tuesday, August 17, by Judge Jerry Buchmeyer of the Northern District/ Dallas Federal Court of Texas. It was a lengthy 52-page opinion and was in favor of plaintiff Don Baker on the grounds of "right to privacy" and "equal protection under the law." "... This statute, 21.06, make criminals out of more than 700,000 individuals in Texas who are homosexual, although they do not choose to be, and who engage in private sexual conduct with other consenting adults," said Buchmeyer in his opinion. Stating the U.S. Constituional grounds of right to privacy and equal protection under the law, the opinion continued: "because if it were not (protected), the state would have the same power to intrude into the private lives and bedrooms of heterosexuals and regulate the intimate sexual relationships of married couples, single males, and females..." Texas is the 26th state to decriminalize homosexual conduct laws—or have them decriminalized by a court. "It's the first time a federal judge has ruled on homosexual conduct laws, using U.S. Constitutional grounds as a basis for his decision," said Robert Schwab, president of the Texas Human Rights Foundation (THRF), which assisting Baker on the case. "We plan to immediately enforce the ruling against any state action thatdiscrimi- nates on the basis of sexual orientation," said Schwab. Steve Shiflett, THRF boardmember, said at a press conference in Houston that day, that any state licensing office and even the police departments in the state will be affected by the ruling. Shiflett said the THRF chose this case and has funded it in hopes of such a ruling. Will there be an appeal? "I doubt it," said Shiflett. "We're prepared for an appeal if there is one." An appeal to the decision whould have to come from Texas State Attorney General Mark White and be filed within 30 days of Judge Buchmeyer's decision. Mark White was endorsed by several gay political groups, including Houston Gay Political CaucuB, in his successful race in the Democratic primary for governor of Texas. However, since the ruling, White has been beseiged with letters and telegrams from religionists urging him to appel the ruling. Houston Gay Political Caucus president Larry Bagneris Jr. Thursday, Aug. 19, urged his members to start a letter-writing campaign to White to counter the messages that were urging an appeal. Baker was fired from his position as teacher for the Dallas Independent School District on grounds of the state law. He is current president of the Dallas Gay Alliance, serving his third term in that position. The case of Baker vs. (Henry) Wade (Dallas County District Attorney), a class action suit, was argued June 15, 1981, in federal court and a decision was due last August but was delayed because of Judge Buchmeyer's involvement in state redistricting. Houston Mayor Kathy Whitmire said in a press conference Wednesday, August 18, that the city's legal department is examining the ramifications ofthe ruling as they pertain to the city. "It's not generally in the best interest of anyone to have the state trying to regulate private acts between consenting adults," Whitmire said, when pressed for a statement. Sgt. T.D. Tippin, Houston police department recruiting office, said to reporters, "Even if overturned, a state court would have to review any changes relating to hiring practices. It (21.06) was part ofthe basis for not hiring openly gay recruits." He speculated that such court action would take place if the ruling is not challenged. Schwab said though that once the judge ruled the law unconstitutional, the law is "off the books, even during an appeal process." In an interview withHouston Police Chief Lee Brown in June Brown told MONTROSE VOICE reporter Ed Martinez that "... If a person is eligible for being hired and there are no legal prohibitions then no police agency would be in a position not to hire them (gay and lesbian applicants) because they'd (the police) be breaking the law." cvBwiiiw^dF Montrose Mouth Tuesday was celebration night in Montrose What would have otherwise been a average Tuesday night in Montrose turned into a party night when word spread that Federal Judge Jerry Buchmeyer struck down section 21.06 of the Texas Penal Code That's the section that made it a crime for adult members of the same sex to engage in sex in private. Judge Buchmeyer didn't just strike it down—he STRUCK it down in a 53-page court opinion that took over a year to prepare. Obviously, to anyone with two ounces of brains, it is unconstitutional for one person to tell another person how to act sexually with another consenting adult in private. So obviously, our Texas lawmakers don't have two ounces of brains. And, likewise, neither do the homophobes (many who claim to be Christians and many who wear blue uniforms) who are now ranting and raving over this. But let them r- * and rave. They've got to do something to stay occupied. Houston gay activists Lee Harrington, Ray Hill, George Barnhart. others, were the focus of attention by Houston's TV stations Tuesday and Wednesday, popping champagne corks at the new Fred Paez Community Center on Avondale. (I bet you never knew Ray Hill ever wore a suit. I bet you didn't even know that George Barnhart owned a suit. But we all know that Lee Harrington has hundreds of suits) Well, anyway, the TV coverage isn't over yet. Harrington will appear on the Nancy Carney interview show at 6:30 a.m. next Wednesday on channel 11, and no doubt appearances on other guest shows will follow. —•— If you'd like to send a letter to our state atorney general advising him not to waste taxpapers' money in appealing the Federal court ruling, you can write to Mark White. 1705 Guadalupe, Second Floor, Austin, TX 78705. Several thousand "Christians" have already flooded him (as of Thursday) with letters and telegrams telling him that "God will punish" him if he doesn't appeal the ruling. Larry Bagneris of Houston's GPC says telegrams and letters weigh heavy on a politician's mind. So for Attorney General White to get in the right frame of mind. readers of the VOICE need to also write, telegraph and call saying the Federal judge's ruling was long overdue and that you will be upset if he waists your taxpayer's money with a useless appeal. Additionally, as you know. White is the Democratic candidate for governor in November and is "expecting" the large gay vote from Houston. You might just remind him—in a polite way—that his decision on whether to appeal the ruling could affect your vote Nov. 2. Everything's on schedule for the first big edition of Dallas Gay News in three weeks, says DGN editor Chuck Oberg, Chuck wants to thank the "Dallas Welcoming Committee" last weekend: Michael, Walter, Paulette and the Widow Bill. Two worthwhile garage sales this weekend: The Brazos River Bottom's softball team is heading to Tulsa for a tournament and is having a garage sale to help with the expenses. It'll be Saturday, 9:00 a.m to dusk, at 2107 Bissonnet. And some GPC members will have a garage sale Saturday and Sunday at 1004 California, 9:00 a.m. to 6:00 p.m., to raise a few dollars for that organization Come on out. ya hear?
File Name uhlib_22329406_n095_003.jpg