Newspaper Page Text
Wilde Hopeful About Hardwick Case
FLASH!
The Atlanta Gay Center
has found a new home after
a three month search.
The Center's new address
is 63 12th St. NE, which is
located between Crescent and
Columbia on 12th.
The move will-be finish
ed by April 29 and the |
clinic will be at the new
location beginning April 30.
The new mailing address
is Atlanta Gay Center,
630 12th St. NE, Atlanta,
GA 30309.
The phone numbers for
the Center and the Helpline
should stay fhe same.
Private Acts and
Civil Rights in Daily Life
Persons who embrace their homosex
uality, openly or privately, as something
which is fundamental to their personal
identity have long understood that being
gay is not merely a matter of what hap
pens sexually between two individuals
("homosexual acts"). Such gay people
recognize instead that being gay colors all
of their perceptions of, interpretations of,
responses to, and actions within the
world. For them, being gay becomes an
existential standpoint for being-in-the-
world. The gradual process of self
recognition and coming out, of confront
ing oppression and one's own anger, and
of achieving self-acceptance (again
whether openly or privately) can lead an
individual to such a gay-Cosmic
perspective.
As anger is transcended and trans
formed in self-acceptance, we discover,
through both our righteous indignation
at gay oppression and our capacities to
respond lovingly and sexually to some
one of the same sex, a source of "erotic
empowerment" in our gay depths which
enables us to live creatively at the
margins of homophobic society,
confronting oppression and seeking the
transformation of society in myriad dai
ly ways. Lesbian-feminist theologian
Carter Heyward has thus argued that
while "the ecstatic power of thq sex act
can lead us to identify it wrongfully with
the whole of sexuality," our gay sexuality
can in truth be "the one most vital source
(continued, page 5)
If a current legal challenge succeeds,
the Georgia sodomy law, which defines
gay sex as a felony, may be struck down
as being unconstitutional.
The challenge, now before the tlth Cir
cuit Court of Appeals, began in August
of 1982, when an Atlanta man named
Michael Hardwick was arrested for
sodomy. Gted earlier for drinking in
public outside a gay bar, Hardwick was
at his apartment when an Atlanta
policeman arrived with a warrant
because Hardwick's fine had not been
paid, though it turned out later that the
penalty had'in fact been paid. Hard
wick's roommate answered the door
when the policeman arrived and upon
questioning as to Hardwick's
whereabouts told the policeman that he
could check to see if Hardwick was there.
The policeman then went to Hard
wick's bedroom and there witnessed
Hardwick engaging in oral sex with a
friend. Acting under the sodomy statute,
the policeman then arrested Hardwick.
According to Kathleen Wide, who is
one of the attorneys representing Hard
wick, after Hardwick's preliminary hear
ing, the district attorney decided not to
continue with the case.
"The suspicion is that the ACLU's
potential involvement and potential con
stitutional challenge were brought to the
attention of the DA, who decided not to
proceed with indicting the case. So, they
basically frustrated any chance to fight
the constitutionality of the statute in state
court. So. what we did was then begin to
think about a challenge in federal court,
and by we, initially it was George Brenn-
ing, Clint Summerall, John Sweet, Louis
Levinson and myself," Wilde said.
The Issue is
More on Civil Rights and
Good Entertainment
This issue has the last of the articles
that we have been examining on our civil
rights and what we can do about keeping
and improving them. We hope we've
made an activist of some sort out of you.
Please note the articles and ads on the
"Trockadero", "Taxi Zum Kfo', "Kate Clin
ton'' and "Silent Pioneers."
Atlantans are fortunate to have these
performances available to them. V\fe urge
you to support these performances and
the people who have taken the financial
risks to bring this top quality gay enter
tainment fo us. Enjoy THE NEWS!
Continuing, Wilde stated, "Hardwick
is a particularly wonderful plaintiff in
that he was arrested under cir
cumstances that were fairly unusual. V\fe
have not had many cases that are that
'clean'; no minors involved, no money
involved, no public activity at issue;
clearly private consensual conduct in
one's own home, which makes it a very
attractive case."
Hardwick's legal team then proceeded
to line up a married couple under the
names of John and Mary Doe as co
plaintiffs because the statute applies to
"straights, gays, unmarrieds, married
folk; it's one to twenty for oral or anal
sex."
Wilde says it has been hard to get that
point across to the straight community
since the press is so leary of terms "anal
and oral sex."
The legal team's next step Was to file in
federal court against the statute in
February 1983, naming George Napper,
Commissioner of Public Safety; Lewis
Slaton, DA; and Michael Bowers, State
Attorney General as defendants.
After the Hardwick team filed in
federal court, Wilde stated, "The state fil
ed a motion to dismiss. The judge, in a
three page, very perfunctory order,
threw us out of court within about two
months of the time when the case was
filed. The judge basically said that the
decision upholding the Virginia sodomy
statute was binding precedent, and that
means the issue is closed, there is no
constitutional issue pending and that all
claims have been foreclosed."
Because the married couple hadn't
been arrested, the judge said, there had
been no injury to them and therefore
they had no standing to proceed.
"We appealed that decision," said
Wilde, "and we have been in front of the
11th Circuit for almost two years," after
being granted stays to await the outcome
of a case before the Supreme Court that
could have helped the Hardwick case.
However, the Supreme Court decided
not to rule on the case presented to it, at
which point, Wilde said, "We reinstated
our appeals schedule in the 11th Circuit.
It was argued about three months ago in
January before a very sympathetic panel
in the 11th Circuit. Those judges were
Judge Frank Johnson,who was in
strumental in turning around the state
mental hospitals in Alabama and restruc
turing them along constitutional lines;
Judge Phyllis Kravitch, who has been
among the more recent but good ap
pointees on the 11th Circuit; and Judge
Elbert Tuttle, who is a long time civil
rights judge who was one of the people
instrumental in the desegregation cases
in the early 60's."
"That argument went very well. We
had Judge Johnson asking the state what
on earth their justification was for the
statute, and we had Judge Tuttle jump
ing down the state"s throat on their con
tention that the married couple had no
standing," Wilde said.
"I am hopeful that what will happen is
that the case will be reversed and I have
asked the 11th Crcuit to give some
guidance to the trial court so that it"s not
a matter simply of the trial court having
to determine what standard to analyze
the case under. VWre looking to establish
a constitutional right to privacy for gays
in this case, and if we can get some
guidance from the 11th Circuit saying
yes, there is such a right and you should
analyze it under that standard, well be in
much better shape."
"We also have an equal protection
angle on the case, saying that either it's
unconstitutional because it's clear that
married couples have the right to privacy
or you can't prosecute some people and
not others, and so that's the equal protec
tion angle in the case."
"Our bet is that it will be four to six
months from the date of argument to the
day of decision," Wilde said.
At Charis
A Garden party
Does a spring green lawn covered with
quilts and cushions, old and new
friends, and good food sound like a nice
way to spend a Sunday afternoon? Yes?
Give Linda, Sandra or Sherry at Charis
Books and More a call to find out about
their garden party for "Friends of Charis"
on Sunday April 28th. The Friends of
Charis program was developed to offer
regular customers a discount on their
purchases in return for a $12 or $20 dis
count card. Saying that, "Maintaining an
independent feminist voice in these
troubled times has stretched our in
genuity, creativity and finances to the
limit", the owners of Charis invite you to
this party to learn about their plans for
the future and how you can be in
strumental in their continued success.
Call 524-0304 for more information.
HELPLINE
(404) 892-0661
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7 Days a Week