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Give and Take: The Elimination of State Sodomy Laws and the Introduction of Anti-Same Sex Marriage Laws
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17
10
All figures are as reported on the American Religion Data Archive (
www.arda.tm
) from Johnson et al. (1974),
Quinn et al. (1982), and Bradley et al. (1992).
11
See footnote 1 for our reasoning in this regard. This combination was also forced by statistical requirements in
order to avoid violating the fundamental assumptions of the regression model. For an excellent summary of the legislation and court decisions that caused the elimination of restrictions on private, consensual sodomy among adults in the various states, see the opinion of Imber J in in Jegley v. Picado 349 Ark. 600 at 625, n.4.
12
“In 1868, when the Fourteenth Amendment was ratified, all but 5 of the 37 States in the Union had criminal
sodomy laws. In fact, until 1961, all 50 States outlawed sodomy, and today, 24 States and the District of Columbia continue to provide criminal penalties for sodomy performed in private and between consenting adults.” (White J. in Bowers v. Hardwick 478 U.S. 186 at 192-194.) “The 25 States with laws prohibiting the relevant conduct referenced in the Bowers decision are reduced now to 13, of which 4 enforce their laws only against homosexual conduct.” (Kennedy J. in Lawrence v. Texas 123 S. Ct. 2472 at 2481)
13
Hawaii -- Baehr v. Lewin 74 Haw. 530; Alaska -- Brause v. Bureau of Vital Statistics, No. 3 AN-95-6562 CI, 1998
WL 88743 (Alaska Super. Ct. Feb. 27, 1998); and, Vermont -- Baker v. State 170 Vt. 194.
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| | Authors: Fisher, Shauna. and Barclay, Scott. |
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17
10
All figures are as reported on the American Religion Data Archive (
www.arda.tm
) from Johnson et al. (1974),
Quinn et al. (1982), and Bradley et al. (1992).
11
See footnote 1 for our reasoning in this regard. This combination was also forced by statistical requirements in
order to avoid violating the fundamental assumptions of the regression model. For an excellent summary of the
legislation and court decisions that caused the elimination of restrictions on private, consensual sodomy among
adults in the various states, see the opinion of Imber J in in Jegley v. Picado 349 Ark. 600 at 625, n.4.
12
“In 1868, when the Fourteenth Amendment was ratified, all but 5 of the 37 States in the Union had criminal
sodomy laws. In fact, until 1961, all 50 States outlawed sodomy, and today, 24 States and the District of Columbia
continue to provide criminal penalties for sodomy performed in private and between consenting adults.” (White J. in
Bowers v. Hardwick 478 U.S. 186 at 192-194.) “The 25 States with laws prohibiting the relevant conduct
referenced in the Bowers decision are reduced now to 13, of which 4 enforce their laws only against homosexual
conduct.” (Kennedy J. in Lawrence v. Texas 123 S. Ct. 2472 at 2481)
13
Hawaii -- Baehr v. Lewin 74 Haw. 530; Alaska -- Brause v. Bureau of Vital Statistics, No. 3 AN-95-6562 CI, 1998
WL 88743 (Alaska Super. Ct. Feb. 27, 1998); and, Vermont -- Baker v. State 170 Vt. 194.
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