1. Chapter 18 Sexual Politics and Legal Issues

2. Quote for the day …the enjoyment of sex has forever - at least since Eden, Mother Eve, and the apple-of-knowledge pie - been a political question. - Tiger, 1992, p. 173

3. Did you know? The United States today criminalizes a wider range of sexual conduct than other developed countries. The United States also punishes sexual conduct more severely than it does nonsex crimes.

4. Sexual Politics Laws about sexual behavior reflect a society’s attempts to: –encourage acceptable behavior –discourage unacceptable behavior –define what society considers to be moral and immoral The earliest known laws regulating sexuality date from the time of ancient Mesopotamia, about 1100 B.C. Sex has become an integral part of political life.

5. Sexual Politics Comstock Laws Mann Act The atmosphere of the 1960s Homosexual rights, abortion and AIDS are examples of sexual issues that have become hot items on the political agenda. Women’s rights as sexual politics

6. Sexual Politics Americans continue to perform illegal sexual acts every day. The definition, enforcement, and penalties for sex-related crimes vary from one state to the next and change from year to year. In many jurisdictions, adultery, homosexuality, oral, and anal sex are punishable by fines or even prison terms.

7. General Position on Some sexual Issues by States

10. The Politics of Sex Research National Health & Social Life Survey –Original federal funding was withdrawn Stem Cell Research –Undifferentiated fetal tissue Effects of Childhood Sexual Abuse –Research by Rind, Tromovich, & Bauseman Eugenics –Study of methods of improving humans by allowing only carefully chosen people to reproduce

11. Gay and Lesbian Rights The laws that prohibit gays and lesbians from expressing their sexuality have a long- standing basis in Western tradition. Not only are the physical expressions of homosexuality illegal in many states, but homosexual discrimination unlike discrimination against other subgroups of the population, is entirely legal.

12. Do you think Homosexuals Should or Should Not Be Hired for Each of the Following Occupations

13. Gay and Lesbian Rights Family and Relationship Rights –Marriage is a contract between a couple and the state. –In April 2002 Vermont became first state to legally recognize relationships between gay and lesbian couples - through a civil union. –Other states have banned same-sex marriage

14. Same-Sex Marriage Laws

15. Gay and Lesbian Rights Family and Relationship Rights –Being a family includes having and raising children –Children of gay and lesbian parents grow up as successfully as the children of heterosexual parents. –21 states have granted second-parent adoptions –A majority of states no longer deny custody or visitation based on sexual orientation –Only Florida expressly bars lesbians and gays from adopting children.

16. Gay and Lesbian Rights Gays in the Military –Since 1943 it is has been the official policy of the U.S. military to exclude homosexuals from serving our country. Some reasons: Preserve the order, discipline, and morale Because some heterosexual soldiers would not want to serve with or take orders from homosexuals. The close quarters would make heterosexual soldiers vulnerable to advances of predatory homosexuals. Public showers and general lack of privacy would mean homosexuals would look at heterosexuals as sex objects.

17. Gay and Lesbian Rights Gays in the Military –Gays and lesbians legally serve in the armed forces in many countries. –In the 1980s the Defense Department spent $500 million to reject 17,000 gays and lesbians from the armed services.

18. Breakdown by service of those who said they heard offensive antigay comments at least once in the past year

19. Gay and Lesbian Rights Sexual Discrimination –A major goal of gay and lesbian advocates is legislation to amend the 1964 Civil Rights Act to add “affectional or sexual orientation” –This amendment would make it illegal to discriminate on the basis of sexual orientation in housing, public accommodations, insurance, or employment.

20. Responses to the Question: “In general, do you think homosexuals should or should not have equal rights in terms of job opportunities

21. Gay and Lesbian Rights Hate Crimes –Criminal acts performed because of bias that are motivated by race, religion, and national origin –Case of Matthew Shepard in 1998 –As of 2001, 22 states and the District of Columbia punish hate crimes. –Every day in the U.S., 3 homosexuals become victims of a hate crime.

22. The Politics of AIDS First recognized victims of AIDS in the U.S. were gay - leading to discrimination. AIDS also galvanized gay and lesbian political involvement. e.g. ACT UP AIDS has changed how we think about sex, how we teach our children about sex, and how we have sex.

23. The Politics of AIDS Many countries require HIV test as part of medical exam for long-term visitors Between 1991-1996 over 300 cases involving HIV/AIDS were litigated. People have been charged with battery, assault, or attempted murder for knowingly infecting another person. The high cost of drugs has become an international political issue.

24. Reproductive Rights When does life begin? Early American law permitted abortions performed in the early months of pregnancy In the 1860s, abortion was criminalized Roman Catholic Church supports Pope Pus IX’s declaration of 1869 that human life begins at conception.

25. Reproductive Rights Legislation outlawing abortion did not stop abortion. Estimates of annual illegal abortions in the 1950s and 1960s in the U.S. range from 200,000 to 1.2 million. Complications from illegal abortions accounted for 23% of all pregnancy-related hospital admissions in NYC

26. Reproductive Rights Margaret Sanger challenged the Comstock Act; worked to make birth control available.

27. Reproductive Rights In 1973 Roe v. Wade was passed, legalizing abortion: –1st trimester: abortion on demand –2nd trimester - with doctor’s permission –3rd trimester - only to save life/health of mother. Judicial bypass and other restrictions –Case of Becky Bell No evidence of psychological hazard –Relief is common

28. Reproductive Rights Many mainstream antiabortion groups agree that violence is not part of the pro-life message However, some antiabortion groups: –protest in front of homes of physicians –block abortion clinic entrances –harass patients and staff –bomb and burn clinics Freedom of Access to Clinic Entrances Act Pro-choice advocates believe RU-486 will reduce harassment.

29. Regulating the Sexual Behavior of Consenting Adults We have many laws controlling the sexual behavior of consenting adults. These laws are often said to regulate “victimless” crimes, though defining “victim” can be difficult and not everyone agrees on what “victimless means. –e.g. Prostitution

30. Regulating the Sexual Behavior of Consenting Adults Gender Differences in Sex Laws and Sex Law Enforcement –Laws against sex are mainly targeted at men. –The FBI classifies sex crimes into 3 categories: Rape and other forms of sexual coercion Commercial sex All other sex crimes –Male homosexuality has been prosecuted much more than female homosexuality

31. Regulating the Sexual Behavior of Consenting Adults Obscenity Laws –In most jurisdictions in the U.S. is it a crime to sell or present material that is obscene. –Problem of definition –Work that, taken as a whole, the average person applying contemporary community standards would find appealing to prurient interests; work that depicts or describes in a patently offensive way, sexual conduct specified by state law; and work that, taken as a whole, lacks serious literary, artistic, political, or scientific value.

32. Regulating the Sexual Behavior of Consenting Adults Laws Against Fornication and Adultery –Many states still have laws. –Several of the most publicized cases involving fornication and adultery laws have involved members of the U.S. military. Sodomy Laws –Originally intended to forbid anal sex, the definition includes oral-genital sex. –Most frequently used against homosexuals.

33. Status of U.S. Sodomy Laws Include Table 18.5 over 2-3 slides, if possible

34. Some Unintended Effects of Legislation Although adultery, fornication, and sodomy laws are infrequently enforced, it means that millions of Americans engage in criminal behavior every day. Even those laws that are largely ignored have an impact. Be aware of your rights as well as the laws of your community and how they are enforced.