LEGAL BRIEFS by Susan Murray and Beth Robinson Update on the Law and Our Bedrooms Many conservatives decry big government and argue that the state should stay out of our lives. If only they applied that view when it comes to the most personal aspect of citizens’ lives—what we do in the bed- rooms. Fortunately, the march toward privacy for intimate relationships continues, slowly but steadily. Recent Decisions Buried in all the civil union coverage in recent months were two significant state court decisions concerning sodomy laws. The good news is that a Texas appeals court struck down Texas’ sodomy law in the case of Lawrence v. Texas. In that case, a roommate of John Lawrence made a false report to the police that there was an armed intruder in their Houston apartment. The police broke into the apartment, where they found Lawrence and Tyrone Garner having sex. The two men were prosecuted, convicted, and fined. The appeals court reversed the con- viction. The court concluded that Texas’ sodomy law uncon- stitutionally discriminated on the basis of sex by prohibiting oral and anal intercourse between two men or two women, but allowing oral and anal intercourse between a man and a woman. The Texas court recognized that such a law dis- criminates on the basis of sex because the distinction between illegal and legal con- duct turns not on the act itself, but on the sex of one of the par- ticipants. The case isn’t over, and we’ll see further appeals, but the Texas couit’s decision is a step in the right direction. The bad news is that the Louisiana Supreme Court voted 5-2 to reject a challenge to that state’s sodomy law. In that case, Louisiana prosecuted a man for an act of consensual oral sex with a woman. The Louisiana Supreme Court upheld the conviction, assert- ing that the Legislature is free to prohibit what it deems to be immoral acts, even if consen- sual and private. Why We Care Considering that I sodomy laws are rarely actually enforced to punish non-com- mercial consensual adult sexu- al behavior, they have a dra- matic .effect on all of us. Even though sodomy laws have his- torically applied to gay and heterosexual conduct alike, they have been used to stigma- tize and target gay and lesbian citizens. Courts and others have relied on the continuing existence of sodomy laws to justify the military’s anti-gay policy, employment discrimi- nation against gays and les- bians, child custody decisions dramatically undercutting the parental rights of gay and les- bian parents, and even limita- tions on rights of association through gay-straight alliance student groups. Indeed, in the case of Baker‘ v. State, the Vermont Attorney General pointed to Vermont’s 18th-cen- tury Levitican prohibition of gay male sexual relations to justify the modern discrimina- tion against families formed by same-sex couples reflected in matrimonial and family law the marriage laws. Prevalence Of Sodomy Laws Fortunately, Vermont repealed its “fellation” statute in the early 1970s. (That law prohibited heterosexual and same-sex conduct alike.) However, in addition to Texas, 15 other states have laws crim- inalizing certain forms of adult consensual sexual activity. Three states—Arkansas, Kansas, and Oklahoma—have laws that specifically target gay sex, while 12 others con- tinue to criminalize all non- vaginal intercourse regardless of the sex of the participants. We still have some way to go, but eventually the state will ,_b_e out of citizens’ bedrooms. ! Susan’ Murray and Beth Robinson are attorneys at Langrock Sperry & Wool in Middlebury, Vermont whose practices include employment issues, family matters, estate planning, personal injury and workers compensation cases, and general commercial and civil litigation. This column features timely information about legal issues of interest to our community. We hope to provide information about important laws and court cases that may aflect our rights, as well as practical nuts and bolts . advice for protecting ourselves and our families. If you ’d like to see us cover a particular topic, please feel flee to write OITM or call us at 388- 6356. V 131 CHURCH STREET BURLINGTON, VERMONT 05401 , P. 802.864.3120 F. 802.864.3635 www.vermontfami|y|aw.com T§ME o December 2000 1 Out in the Mountains |7 Laurie S. Rosenzweig Attorney at Law 18 South Main Street, P.O. Box 1455, Rutland, VT 05701 802-786-2251 e-mail: Sabu234@AOL.com V l Real Estate, Wills &Trusts, General Practice *9 _ 802.660.8396 Diane M. Felicio, Ph.D. ........................................................................................... .. mediator Trying to work it out and getting nowhere? Conflict can be productive. separation - divorce - employee relations - consumer disputes Good legal advice can make all the difference. V Langrock Sperry & Wool offers the services of 22 lawyers with over 300 years combined experience in all areas of the law —— including two lesbian attorneys with special expertise serving the legal needs of the g/l/b/t/q community. 0‘. SUSAN MURRAY & BETH ROBINSON With officesin Middlebury and Burlington Middlebury (802) 588-6356 Burlington (802) 864-0217 smurray@langrocl<.com brobinson@langrock.corn Langrock Sperry & Wool, LLP ATTORNEYS AT LAW