James Finn
2 min readApr 10, 2024

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Hell, it's not the '80s or the early 2000s either. And it's not 2 years ago.

Let me explain.

In 1986, the US Supreme Court upheld a Georgia law that criminalized same-sex partners having sex in the privacy of their own home. That case got to the Supreme Court because Georgia police enforced the law.

A few years later, Texas enforced a very similar law, arresting a gay couple in the privacy of their own bedroom. The cops apparently got in the house because somebody called to report a burglary or something. We call that swatting today.

Anyway the Texas cops arrested this couple, and charged them with a crime for having sex in private.

In 2002, the Supreme Court said no in Lawrence v Texas. The justices ruled that having sex in private is a right guaranteed implicitly by the US Constitution.

Oh, how the right howled and screamed over that decision. Christians leaders were outraged, and Republicans screamed in defiance. "We must be able to criminalize sex!" As I read and watched conservative reactions, I felt sick to my stomach.

Everything died down after a while, until the Dobbs decision that destroyed the right to abortion.

Conservative leaders started demanding the same thing regarding Lawrence v Texas, because the same legal reasoning that destroyed Dobbs could destroy Lawrence too.

And you know what? Texas made it clear that they want their law back. No less than the attorney general of Texas called for enforcing antisodomy laws again.

And that's not a pipe dream. Justices sitting on the Supreme Court right now have suggested there is no basis for Lawrence.

They suggest that it's perfectly appropriate for the state to walk into a person's bedroom and arrest people for having sex in private.

I'll give you three guesses as to what religion all these people share, and your first two guesses don't count.

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James Finn
James Finn

Written by James Finn

James Finn is an LGBTQ columnist, a former Air Force intelligence analyst, an alumnus of Act Up NY, and an agented but unpublished novelist.

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