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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 6 p.m. -11 p.m. 7 Days a Week