3 men arrested in Cyprus for gay sex

Members of the European Parliament calling for the release of the three men include, from left, Eleni Theochaurus, Ioannis Kasoulides, Michael Cashman

As those of us here in the U.S. continue our fight for things like marriage equality and employment nondiscrimination laws, we should remember that are LGBT brothers in sisters in other places are still fighting for the right not to be arrested.

The European Parliament’s Intergroup on LGBT Rights reports that three men in Northern Cyprus, which is under the control of Turkey, have been arrested and jailed for more than five days now for “conspiring to have a sexual intercourse against the order of nature.”

If the men are convicted, they could be imprisoned for up to five years.

According to the Intergroup on LGBT Rights, one of the men is former Cyprus Finance Minister Dr. Michael Sarris. The other two were not named.

The Intergroup on LGBT Rights notes that Northern Cyprus is the only remaining territory in Europe where homosexuality is illegal, and that laws criminalizing homosexuality are a breach of the “European Convention on Human Rights,” which is in force in Cyprus.

Eleni Theocharous and Ioannis Kasoulides, Cypriot members of the European Parliament have called for the men’s immediate release, saying in a written statement that “Consenting adults have the right to engage in sexual intercourse with people of the same sex.”

Michael Cashman, another member of the European Parliament and president of the Intergroup on LGBT Rights, added, “The criminalisation of homosexuality has no place in the 21st century.”

—  admin

DA Craig Watkins says Club Dallas charges were dismissed based on U.S. Constitution

On Wednesday we reported that charges have now been dismissed or rejected against all 11 men arrested in the Dallas Police Department’s October raid of The Club Dallas, a gay bathhouse in Deep Ellum.

Today, Dallas County District Attorney Craig Watkins for the first time publicly addressed the reasons behind his office’s dismissal of the charges, issuing a one-sentence statement.

“Based upon the U. S. Constitution and the applicable Texas statute, the elements of the offense were unprovable,” Watkins said.

Watkins didn’t specify which portion of the Constitution he was referring to, but undoubtedly it’s the right to privacy.

Seven of the men were charged with public lewdness, which is defined as sexual intercourse or sexual contact in a public place. However, defense attorneys have raised questions about whether the confines of the Club Dallas are considered a public place under the law.

Three of the men were charged with indecent exposure, which is defined as exposing one’s genitals with the intent to arouse or gratify and in a manner that is “reckless about whether another is present who will be offended or alarmed …” But defense attorneys say it’s difficult to argue that sex in a bathhouse is recklessly offensive when all members typically sign waivers saying they acknowledge it takes place.

—  John Wright

Bill would remove sodomy law from Texas books eight years after it was ruled unconstitutional

Rep. Jessica Farrar

It’s been almost eight years since the U.S. Supreme Court struck down Texas’ sodomy law as unconstitutional in a landmark ruling in Lawrence v. Texas. But the law itself, Section 21.06 of the Texas Penal Code, remains on the books. Bills have been introduced in every legislative session since then seeking to repeal the statute, but needless to say they’ve never passed. (Remember, the state GOP platform actually calls for the re-criminalization of sodomy.) This year, the 21.06 repeal bill has been introduced by Rep. Jessica Farrar, D-Houston. Farrar’s HB 604, which was introduced today, would not only repeal 21.06, but also strike related anti-gay language from the Health and Safety Code. With a Republican supermajority in the Texas House, the bill is likely doomed again. At the very least, though, it should serve as a sobering reminder. Here’s 21.06, which Farrar’s bill seeks to repeal:

Sec. 21.06.  HOMOSEXUAL CONDUCT.

(a)  A person commits an offense if he engages in deviate sexual intercourse with another individual of the same sex.

(b)  An offense under this section is a Class C misdemeanor.

And here’s the language from the Health & Safety Code that Farrar’s bill would strike:

SECTION 2. Section 85.007(b), Health and Safety Code, is amended to read as follows:

(b) The materials in the education programs intended for persons younger than 18 years of age must: …

(2) state that homosexual conduct is not an acceptable lifestyle and is a criminal offense under Section 21.06, Penal Code.

SECTION 3. Section 163.002, Health and Safety Code, is amended to read as follows:

Sec. 163.002. INSTRUCTIONAL ELEMENTS. Course materials and instruction relating to sexual education or sexually transmitted diseases should include: …

(8) emphasis, provided in a factual manner and from a
public health perspective, that homosexuality is not a lifestyle
acceptable to the general public and that homosexual conduct is a
criminal offense under Section 21.06, Penal Code.

Read the full bill by going here.

—  John Wright