The dominos are falling. Marriage in Canada. Now the remaining sodomy laws in the U.S. While rarely enforced, those laws did serve
to bar gays and lesbians from employment, child custody, and a variety of other rights.
It is not possible to overstate the significance of these recent court rulings—some say the sodomy ruling is the most important
mark of progress for gays and lesbians in U.S. history. In ruling against the Texas sodomy law, and striking down those in 12 other
states, the majority gave a far more expansive support of privacy rights than court observers expected.
As a celebration of the ruling, people gathered in more than 37 cities, including Chicago. About 200 people listened to speakers
at the corner of Halsted and Roscoe, then took a short march to Belmont and back up to Roscoe, the night of the historic June 26
decision.
The local events were organized by Chicago Anti-Bashing Network, which also played a role in organizing the nationwide
response—it was planned the night of the ruling, no matter which way the court decided. What could have been an angry protest
instead turned into a celebration.
'Justice Kennedy was using words like 'dignity' and 'destiny,' and other humanistic words, not just legalistic words, that reminded one of the Ontario Court decision a couple of weeks ago, which used some of the same phraseology,' said William B. Kelley, who was among the Chicagoans marking the historic day.
What will the impact be in Illinois? 'It strengthens our privacy laws and our rights to equal protection under the law, which covers
so many areas. Discrimination by the government ... all the way to adoption, and child custody, and maybe even marriage. This is not
a magic bullet to get us to gay marriage right away. ... But it certainly helps,' Kelley said.
'Think of all of the victims of these laws these past 17 years' since the Supreme Court first backed sodomy laws in Bowers v.
Hardwick, said openly gay Judge Tom Chiola at the rally.
Chicagoans were among the many arrested on the steps of the U.S. Supreme Court during the March on Washington in 1987, a
protest of the Hardwick v. Bowers decision. Among those arrested were longtime lesbian rights activist and attorney Renee Hanover
and political activist Rick Garcia.
'As a little gay boy growing up in South St. Louis, I loved the Supremes. ... 'Set me free why don't you babe, get out my life why
don't you babe.' Tonight I am as proud and I love the U.S. Supremes as I did Diana Ross and her Supremes,' Garcia told the crowd.
'In 1987, hundreds of gay and lesbian people went to D.C. and we climbed the steps of the U.S. Supreme court and we refused to
move because we knew then that Bowers was wrong. ... Tonight I am so proud because those Supremes knew exactly what we knew
then, that they were wrong and we are right. My heart is filled with joy and I am so, so happy.'
Both Garcia and openly gay state Rep. Larry McKeon noted that the job isn't over with this ruling—the state human-rights bill is
still very needed to help guarantee equal rights for GLBTs across Illinois.
Gail Morse, an attorney with Jenner & Block, said the mood at her firm has been 'uplifting, it is an amazingly positive day.' Jenner &
Block's D.C. office worked on the Supreme Court appeal pro bono. 'Everybody is just walking on air, especially in the D.C. office,
where so many of the associates worked on the case.'
Andy Thayer of CABN said the ruling is 'the biggest victory the LGBT movement has ever seen. We know what it's like to be
discriminated against in this country. We know discrimination will not go away tomorrow. But that does not take away from this victory
today. ... The victory is also a victory for abortion rights. The same bigots who want to control what each of us do in our bedrooms, who
want to control our bodies, want to control the bodies of all women.'
Meghan Streit, secretary of NOW Chicago and the group's lesbian-rights leader, also emphasized the legal connection between
abortion and gay rights: 'The time has ended when the fundamental civil rights of an entire group of Americans can be legislated
against. As excited as we are ... we know there is still so much more to be done. ... The issue of privacy that was hotly debated when
Roe v. Wade was decided decades ago, was still being debated this morning when Lawrence v. Texas was decided. And only five
justices supported the right to privacy as the basis for their decision today. That leaves four justices who may continue to make
decisions with little regard for civil liberties and personal privacy. With the possible resignation of a Supreme Court justice looming, it
is more important than ever for us to work together to refuse to allow our hard-won rights to be eroded by conservative judicial
appointments.'
'The [history] of reproductive choice also illustrates just how important it is not to become complacent in the victory of a legal
decision,' Streit said. 'Even though Roe v. Wade legalized abortion years ago, women's access to safe and legal abortions is being
eroded every day in every area of this country, as I speak. And it is being eroded based on the same judicial disrespect for privacy
that threatens gay and lesbian people.'
'Today is a fabulous day,' said Camilla Taylor, staff attorney from Lambda Legal Midwest. 'Up until this morning, we at Lambda
Legal were saying that this is the most significant gay-rights case of our generation. Now, given how far-reaching this decision is, the
broad implications of the decision we got today, it is clear that generations of people will look back on this day and think that this is the
turning point in civil rights. We can take a quick trip back to 1987: the Supreme Court considered a challenge to the Georgia sodomy
law. Justice White said 'It would be facetious to suggest that gay Americans should have the right to have private sexual intimacy in
their own homes.' ... Bowers v. Hardwick was used against us in all sorts of contexts, not just criminal. It was used against us in a case
where an Episcopal priest was denied the right to adopt in Virginia because there's a sodomy law there. It was used against us to
prevent lesbian police officers from working in Texas because of a sodomy law. And an assistant attorney general in Georgia was
fired when her employer discovered she was going to hold a commitment ceremony with her partner. ... This case had a huge impact
on the civil rights of gay and lesbian Americans.'
Taylor also pointed out that someone convicted of a sodomy offense would possibly have to register as a sex offender in some
states—which means they would also be barred from certain forms of employment. This case will be 'a powerful tool for gays to use to
fight for equality in every aspect of their lives,' Taylor said. 'This case establishes explicitly that morality can no longer be used as a
justification for discrimination against gays and lesbians. ... Joseph Scalia accused the Supreme Court of signing on to the
'homosexual agenda.' Does anyone have an agenda? ... It is the homosexual agenda to fight for full equality.'
In addition to McKeon and Chiola, other politicians at the celebration included Ald. Tom Tunney, Cook County Commissioner
Mike Quigley, state Rep. Sara Feigenholtz, and openly gay Judge Sebastian Patti. Many longtime activists also attended, including
some from the 1960s and 1970s, which further cemented the feeling of just how historic this ruling was.
