This year instead of talking to the Legislators one on one, we showed up on Valentines Day and handed out handmade, doilied Valentines to the Legislators as they came out of the House and Senate Chambers for lunch.

The valentines had an informative and polite message that read as follows:

As you think of your loved one today, remember, if you are unmarried, Idaho law is fairly restrictive about private expressions of love.

Enacted in 1864, along with criminal penalties for adultery, Idaho's so called "Sodomy Law" (18-6605) actually makes oral sex between unmarried couples punishable by five years to life in prison.

These sodomy laws were once on the books in all 50 states and Puerto Rico, but they have been repealed or struck down by cours in all but 17 states. Recently, in 1997, the Montana Supreme Court voided Montana's same-sex sodomy law; the court concluded that the government has no place in the private bedrooms of consenting adults.

Representative Tilman refused to take his valentine. (He is the Chair of the House Education Committee which wouldn't fully fund Idaho Public TV last year after it ran two documentaries supporting teaching respect & understanding when talking to students about gay & lesbian people.)

Below is a fact sheet we gave to more supportive legislators so they might be able to have a bit more info in discussing these issues with their conservative or homophobic colleagues. Also included are some other facts that might interest Idaho's GLBT community.

WHAT IS THIS? YOU CAN'T BE SERIOUS!

Idaho's "sodomy law" was copied from California's statutes in 1864 and passed in to law by Idaho's first Territorial legislature. It is codified under Idaho Code Section 18-6605 as a "crime against nature," which still makes some private sexual acts between consenting adults punishable by five years to life in prison.

I THOUGHT THIS LAW JUST APPLIED TO GAY PEOPLE.

Idaho's Sodomy law does not differentiate between same sex & heterosexual couples and does not specifically criminalize gay sex. Technically the law applies to both heterosexual and homosexual acts, making criminals out of anyone who has ever had oral or anal sex. (In practice this law is enforced unequally. In Idaho it has been applied almost exclusively to gay men.)

EVEN ACTS BETWEEN CONSENTING ADULTS ARE CRIMINALIZED UNDER THIS LAW?

Yes. Idaho's Sodomy law criminalizes oral or anal sex between consenting adults. It is interesting to note that over time married couples have been excluded from Idaho's sodomy law.

I THOUGHT ALL THESE OLD OUTDATED LAWS HAD BEEN REMOVED FROM THE BOOKS.

Sodomy laws were once on the books in all 50 states and Puerto Rico, but they have been repealed or struck down by courts in 32 states. Idaho is one of only 17 states with such sodomy laws on the books. Recently, in 1997, the Montana Supreme Court voided Montana's same-sex sodomy law; the court concluded that the government has no place in the private bedrooms of consenting adults.

I THOUGHT THIS LAW WAS IMPORTANT FOR PUNISHING RAPISTS & CHILD MOLESTERS.

Idaho's Sodomy law does not distinguish between forced and voluntary or consensual sexual conduct. Idaho has separate laws criminalizing forced sexual acts such as rape & child molestation. If the State's penalties for child molestation & rape are not stiff enough, then these penalties should be increased.

ISN'T IT ILLEGAL TO BE GAY IN IDAHO?

Contrary to what you may have hear in the media and from some of Idaho's elected officials, it is simply NOT illegal to be gay in the state of Idaho. In referring to the fact that gays & lesbians live an "illegal lifestyle" proponents of this line of thought are referring to Idaho's "Sodomy laws." However these laws simply do not apply exclusively to gay and lesbian partnerships but technically apply equally to any relations between unmarried persons where anal or oral sex is involved.

WHY SHOULD WE BE CONCERNED?

Some courts have invoked sodomy laws to justify taking children away from lesbian and gay parents in child custody and visitation cases. Adoption and foster care agencies have often refused adoptions or child placements to same sex couples, and cite sodomy laws as the reason. ALSO When employment protections or hate crime statutes are proposed, sodomy laws will often be called up to demean gays and lesbians. Using the laws, opponents characterizing us criminals or as persons living "illegal lifestyles." For decades, these arguments have been effective in justifying denial of civil rights protections to gay, lesbian, bisexual & transgender people. Essentially the laws help those who do not support us say that we are unworthy of equal rights.

WHAT SHOULD WE DO TO OVERTURN THIS LAW?

Idaho's archaic sodomy law can be repealed by the state legislature. In the years to come it may be realistic to ask the legislature to do this. This year in 2001, Idaho's state legislature is arguably the most extreme & conservative in the nation. While educating legislators about these issues is important, it is very unlikely that this year is a good year to try to repeal the law. Stay tuned and write letters to the editor when you see this fight or any fight for our rights in Idaho burst onto the media scene!