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News and commentary about the anti-gay lobbyJune 11th, 2016
One year earlier, Life magazine published a groundbreaking essay on “Homosexuality in America,” (Jun 26), which was notable for being one of the earliest relatively balanced portrayals of gay life in California. Gay rights advocates had hoped that the article might portend more positive press for gay issues, at least in the pages of Life, but that hope proved short-lived. In 1965, there was a proposal before the New York legislature to repeal that state’s sodomy law, which banned “deviant sexual intercourse” between unmarried persons. If passed, New York would have become only the second state, after Illinois, to decriminalize consensual sexual behavior between gay adults (Jul 28). Life, in an unsigned, self-contradictory and illogical editorial in its June 11, 1965 edition, opposed the move:
As readers of LIFE’s survey of homosexuality in America will remember, the “gay world” (actually a sad world) is coming increasingly above ground in many big cities and is lobbying for more sympathetic treatment. Homosexuality is frequently curable, but jail is the last place to expect a cure, and the laws restricting it are notoriously ineffective. Enforcement is either nonexistent or unjust and repugnant because of its peep-hole and entrapment methods. …
But the legislative debates have produced some robustious arguments on the other side. In Albany one legislator, who favored lifting the sanctions against adultery but not against homosexuality, explained that “after all, there are more of us than there are of them.”
There are more cogent arguments for retaining the laws against homosexuality. Its practice can and does break up families; and protection of the family is a legitimate area for legislation. Repeal would imply an indifference that society cannot afford. Until it finds a better way of discouraging the practice, a statute at least expresses society’s disapproval.
The proposal failed to make it into law, and New York’s sodomy law would remain on the books until 1980 when the New York Court of Appeals struck it down as unconstitutional.
[Source: “The law and the homosexual problem.” Life 58, no. 23. (June 11, 1965): 4.]
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