Though GLBT Americans took to the streets in several large cities across the country after the Supreme Court struck down Texas’ “Homosexual Conduct” law last Thursday, the reaction was decidedly understated in San Diego. Though several local attorneys addressed the media at The Center, and, undoubtedly, a handful of informed community members were walking around that morning with a spring in their step, the reaction was not what it should have been given the magnitude of this pro-gay ruling by the conservative justices. Far from being just another modest slice of the gay rights pie, akin to a small town adding protections for GLBT employees, the ruling is a unique and historic marker in the lives of each and every GLBT U.S. citizen. Our community should recognize that fact.

By striking down the Texas sodomy law in a 6-3 ruling (see page 26), the Supreme Court overturned the 17-year old Bowers vs. Hardwick decision, which gave states the right to criminalize acts of oral and anal sex between consenting adults — even in states where this behavior was legal for heterosexuals and illegal for gays and lesbians. By striking down the Texas law, the Court has effectively eradicated sodomy laws in all 12 states.

At first glance, it’s easy to see why some GLBT San Diegans might not view the ruling as having a direct impact on their lives — sodomy laws haven’t been on the books in California since 1976 (largely due to the efforts of San Francisco mayor Willie Brown, who authored the state’s Consenting Adults Act). However, Illinois repealed its sodomy law way back in 1962 and gays in Chicago still took to the streets June 26 to celebrate the most significant victory in this country’s GLBT rights movement (see timeline, page 24).

There’s no doubt that public opinion is changing. A Gallup Poll conducted by USA Today and CNN this past weekend showed that only 55 percent of U.S citizens believe same-sex marriages should not be recognized with the same rights as heterosexual marriages, compared to 68 percent in 1996. Of those ages 18-29, 61 percent said this past weekend that gay marriage should be valid.

In states with existing sodomy laws, police haven’t exactly been busting into the bedrooms of gays and lesbians to arrest those caught in the act of copulation. Nevertheless, sodomy laws send a strong message to society that there is something inherently and morally wrong with gays and lesbians.

While Justice Sandra O’Connor argued against the Texas law on the grounds of equal protection, which would have only struck down sodomy laws in Texas and three other states that outlaw acts of same-sex sodomy alone, five justices ruled that laws barring sodomy are an overall infringement upon the civil liberties of GLBT citizens.

“Bowers was not correct when it was decided, and it is not correct today…. Bowers v. Hardwick should be and now is overruled,” Justice Anthony Kennedy concluded in his majority opinion.

Strong words from a Supreme Court justice whose colleague, Antonin Scalia, said the decision would lead to overruling laws against bestiality, bigamy and incest.

“Bowers v. Hardwick was decided while I was in law school and I can remember the vitriol and venom that leapt off the page with that decision,” local attorney M.E. Stephens told media at The Center, June 26. “Finally that decision has … been de-masked; it is no longer good law in this country.”

Indeed, the Supreme Court’s ruling has the potential to set an important legal and social precedent in this country and in San Diego. However, now is not the time to rest on our laurels, now is the time to take stock of what we have gained and get to work.

In his remarks June 26, Scalia predicted with dread that the Court’s ruling would lead to Canadian-style legalization of same-sex marriages. Whether or not individual gay and lesbian citizens choose to marry, collectively, we all hope that Scalia’s prediction comes to pass and that GLBT citizens are finally treated equally under the law.

But Scalia is not the only conservative who foresees gay marriage on the horizon. A host of other conservative heavyweights threatened with losing their favorite moral crusade are currently preparing for battle. Senate Majority Leader Bill Frist stated June 29 that he supports a constitutional amendment that would ban gay marriage at the federal level (see page 28). And AB 205, a bill that would grant registered domestic partners in California a wealth of rights and responsibilities equal to marriage at the state level, is expected to pass the Senate and be singed into law by the governor.

But it hasn’t happened yet.

On Tuesday, July 1, the Campaign for California Families held a conference outside the San Diego office of Gov. Gray Davis, urging him to “reject gay marriage,” while right wing state Senator Pete Knight, who authored legislation banning gay marriage in California, recently predicted that conservatives would be battling same-sex marriage for years to come.

We must also enter the battle — and fight even harder. Though the tide appears to be in our favor, it could just as easily turn against us. Contact U.S. Senators Dianne Feinstein and Barbara Boxer and urge them to denounce legislation that would ban gay marriage, as well as Bill Frist’s recent remarks, which compared gays and lesbians to criminals and prostitutes. We also urge community members to contact Gov. Davis and their state Senate representatives, urging them not to kowtow to the reactive pleas of conservatives — and pass AB 205. Further, educate your friends, family and co-workers, so that they realize the Court’s decision is a victory for the civil rights of all Americans. (For contact information, see page 19.)