Court’s decision celebrated

Mike Swanson and Suzie Harrison

Members of Laguna Beach’s gay community are hailing last month’s

Supreme Court ruling that offers wider liberties for gays and

lesbians, calling it the next step toward “equal rights for all

people.”

The Court’s 6-3 vote on a Texas case voided 13 states’ ban of

private sexual intercourse between men, which many among Laguna

Beach’s gay population say is a step in the right human-rights

direction.

“It’s monumental,” resident Skip Jennings said of the June 26

decision. “It’s like we’re fighting for equality of partners -- the

same as straight couples. This is one step taking away, chipping away

from the wall separating us from equality. Next we have to attack the

military.

“I bet the guys in Texas [John Geddes Lawrence and Tyron Garner]

didn’t know it would lead to this. Out of adversity comes victory.”

Lawrence and Garner were arrested in Lawrence’s Houston home in

1998 for violating a Texas law prohibiting sodomy. They fought the

statute all the way to the Supreme Court.

The judges also overturned a 1986 decision by the Supreme Court

that upheld a Georgia law banning sodomy. That ruling was considered

a setback for gay rights partly because it was used to justify

employment discrimination and custody rulings against lesbian and gay

parents.

In his dissent from the decision, Justice Antonin Scalia argued

that the ruling might set a precedent for the loosening of other

strictures against gays, in particular on the issue of same-sex

marriage.

“Today’s opinion dismantles the structure of constitutional law

that has permitted distinction to be made between heterosexual and

homosexual unions, insofar as formal recognition in marriage is

concerned,” Scalia said.

Those in support of the decision suggested that Scalia might be

right.

“A major weapon of the other side -- labeling gay Americans as

criminals just because of who we love -- has now been eliminated,”

said William M. Hohengarten one of the Lambda Legal Defense Fund’s

cooperating attorneys on the Texas case. “Abolition of all

discrimination in areas like marriage and the military will not come

immediately, but this decision introduces a whole new, better era for

gay rights.”

Lambda Legal’s attorneys focus on cases regarding the civil rights

of gay men, lesbians, bisexuals, the trans-gendered and those with

HIV or AIDS.

Some Laguna Beach residents backing the decision suggested that

the ruling goes beyond even the issue of marriage.

“This is one of the greatest shots in our arms for our community,”

Rod Rigby said. “I don’t see it as leading to gay marriage -- I see

it as equal rights for all people.”

Scalia represented the conservative side of a court typically

known for its right-leaning views, and Rigby was amazed that the

majority ruled as it did.

“I’m really surprised,” Rigby said. “Basically, [The Supreme Court

has] been so conservative. This time, they actually looked at the

human rights aspect and the fact that we should all be equal. I’ve

gotten e-mails from my friends all over the U.S. about this.”

The emotional impact of the decision was most clear as members of

the team of attorneys representing Lawrence and Garner reportedly

wept after the announcement of the decision.

“I sat in the courtroom and literally began crying with joy as

Justice Kennedy read from his opinion and its power and importance

became clear,” Hohengarten said. “To be a part of seeing Bowers wiped

off the books and the dignity of gay people recognized is the most

moving experience I could ever have as an attorney, a gay man and an

American.”

Justice Anthony M. Kennedy authored the majority opinion of the

court.

“It suffices for us to acknowledge that adults may choose to enter

upon this relationship in the confines of their homes and their own

private lives and still retain their dignity as free persons,”

Kennedy said. “When sexuality finds overt expression in intimate

conduct with another person, the conduct can be but one element in a

personal bond that is more enduring.

“The liberty protected by the Constitution allows homosexual

persons the right to make that choice.”

Not all Lagunans, however, were celebrating the decision at

Woody’s.

Dan Huston, a 40-year Laguna Beach resident, said he came to

Laguna unaware it was a “headquarters for the gay community.”

While an active member of Little League 30-plus years ago, Huston

said he saw too many young players “recruited” by gay residents. He

called himself “anti-gay to a degree,” but only when they don’t keep

their beliefs out of others’ business. Issues like Lawrence and

Garner’s don’t merit the endorsement of the Supreme Court, he said.

“When the Supreme Court says something like this is OK, it lessens

morals and social guidelines that we used to have,” Huston said. “I

just don’t see the reasoning behind [the decision]. It hurts society

more than it helps it.

“I have an old-fashioned attitude and evidently the Supreme Court

doesn’t,” he said.

Attendees at Woody’s, however, had what could be called a more

new-fashioned outlook toward the court’s ruling.

“It’s just equal rights -- it’s exactly what we deserve,” resident

John Ulmer said. “In a way, it sort of validates my homosexuality. It

doesn’t make me the oddity I used to think I was.”