some of you are painfully unaware that part of the whole reason many kinksters are like "what happens in my or someone else's bedroom is no one else's business"
is because people have been arrested and put in fucking PRISON just for having gay sex in the privacy of their own homes. in the United States. this millennia.
if you think i'm joking, look up Lawrence v. Texas (2003). 14 out of the 50 US States STILL had laws on the books criminalizing sodomy--and yes, you could be imprisoned for multiple years and sometimes even life for repeat offenses.
in the years directly leading up to the landmark case, enforcement even in those 14 states varied, but it was absolutely weaponized against queer people, especially when stacked on top of other offenses to make up a longer sentence.
um so anyway, what happens between two or more consenting adults in the privacy of their own homes is none of my OR YOUR business, and i'm not fucking kidding!
Important additional context:
"Sodomy" does not, in a legal context, mean "anal sex."
It means "any sexual act the court has decided is deviant."
BDSM? Sodomy.
Crossdressing for sexual pleasure? Sodomy.
Jacking off to nude photos or video your consenting adult lover sent you of themselves? Sodomy.
Het oral sex? SODOMY!!!
If you're starting to think "but how could anyone prove that happened without breaking down the door?"
Ha. Haha. Ahaha.
First, I'll give you one guess how they did prove it.
Two, these were often scapegoat charges--basically they couldn't actually nail you on anything because you hadn't done anything actually illegal, only things they didn't like, and they relied on public disgust against your "degenerate character" (yeah there's a very big reason we keep saying not to use that word and it's not to be killjoys) to make sure you knew your place.
Which means that in practice:
Went to a socialist meeting? Sodomy.
Male kindergarten teacher? Sodomy.
Mixing races? Sodomy.
Not Christian (or the right kind of Christian)? Sodomy.
Kink is only the beginning. They'll come after the kinksters because they're low-hanging fruit, and you'll gleefully help them dig a hole, laughing all the way and never consider that it's way too big for the number of bodies you need to bury.
I see someone in the tags saying "except pedophiles, they don't count, hang them."
YES THEY FUCKING DO COUNT.
Wanna know why?
Take a look at how many politicians have labeled trans people and their allies as pedophiles.
Take a look at how many politicians used to label gay people as pedophiles.
Take a look at how much suspicion falls on innocent men who just think working with kids is fun and want the chance to help, grow, nurture, and teach.
Take a look at yourself.
What about you could someone twist into "that person is a pedophile" if they wanted rid of you?
I can tell you exactly how they'd do it with me. I'm queer. I have a niece who came out as lesbian in her teens. I supported her.
Clearly I groomed her into that lifestyle, right?
Child sex abusers should be proven in a court of law to be guilty, and penalized to the fullest extent of the law. Pedophiles who have not abused children and seek to avoid doing so should not be hanged for something going wild in their brains.
Yes! That's super uncomfortable to say! I'm a CSA survivor! It's awkward and it means I have to defend people I really wish were not the way they are!
But the rope you use to lynch another will yank you into the tree to die.
No sodomy laws. None.
TW for talk on CSA and child marriage, this topic tends to get me fired up
Its also a fucking useless example for sodomy law especially because of how wildly age of consent can vary even in the united states. Which I hate that people get so weird about when you try to discuss it. No, knowing this stuff isnt a "red flag" you have to know something before you can speak on it or try and change it!
Child marriage is legal in 34 states with 4 of them technically not even having an age minimum outside of common law that could theoretically set it at 12. If we go back a few years the state of it would be even MORE dire as many of these laws putting age minimums only were put into place in the past eight years! So if one defines sodomy as "any sexual act done premarital that isnt missionary" then these wouldn't be covered.
Sodomy laws are USELESS for protecting children, because laws about CSA are better off being their OWN thing with strictly defined terms. Sodomy is so nebulous and hand wavy it does nothing but punish people who have done nothing wrong, strict terms with clear meanings is what creates protections. "You can't just make "if we think its gross" the law and expect that to actually work on deterring people who are doing the actual crimes. Which are ALREADY illegal.
Plus this isn't even getting into the psychology part of it that most people who commit CSA aren't even attracted to minors, they just like power over their victims and its easy to hold power over a child. its about control. Not 100% of the time, but very very often its about dominance rather then attraction. Plus there's the fact of sexual intrusive thoughts being a common form of OCD that causes a lot of distress in those that have those thoughts. This is a whole rabbit hole but just... You dont need to be attracted to a victims to traffic them, you might just want control, or authority, or just money!
I think it is really, really worth focusing on that “already illegal” part, because this is the foot in the door for a million and a half fascist proposed laws, not just sodomy.
“We need a law that makes it illegal to go into a bathroom that doesn’t align with your birth sex! Otherwise, people might go into the wrong bathroom to sexually assault someone!” Huh, interesting, but isn’t it already illegal to sexually assault someone, including in a bathroom??? Because if so, then you can just completely discard that explanation for the entire law. It is already illegal to go into the wrong bathroom and sexually assault a person; ergo, the law is not about sexual assault at all, it’s just about bathrooms.
“We need to arrest undocumented immigrants in order to crack down on gang activity!” Huh, interesting, but isn’t that gang activity already illegal??? So, if you wanted to crack down on gang activity, you could simply arrest people who are associated with gangs, and in fact, we do already do that. Ergo, this rhetoric isn’t actually about gang activity at all; it’s just about undocumented immigrants.
“We need to diminish free speech and freedom of movement rights for suspected terrorists, because otherwise they could commit mass murder!” Well, interestingly, mass murder is already illegal, and if you have probable cause that indicates that someone is planning to commit mass murder, you can simply arrest them for that. Since the law is already fully equipped to go after people who are genuinely suspected of gearing up to commit a violent terroristic act, this clearly isn’t really about terrorism at all; it’s just about diminishing free speech and freedom of movement rights.
“We need tort reform that caps the monetary damages that large corporations can be forced to pay, in order to keep people from bringing frivolous and fraudulent lawsuits!” Hmm, but see the thing with that is fraud is already a crime, and frivolous lawsuits can already be thrown out. If a law caps the amount of damages corporations need to pay in lawsuits which were not found to be frivolous or fraudulent, then almost by definition, it has nothing to do with frivolous lawsuits or fraud – it’s just about limiting corporate liability.
I could go on.
Always ask yourself what the actual function of a proposed law is – not just the stated goal, but what it actually does that is not already covered by an equally restrictive law.
And remember, a good general rule is:
If something is already illegal, then the people who are trying to pass a new law to ban it are probably trying to ban something else.
