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30 Howard L.J. 829 (1987)
Bowers v. Hardwick and the Legitimization of Homophobia in America

handle is hein.journals/howlj30 and id is 855 raw text is: COMMENT Bowers v. Hardwick and The Legitimization of Homophobia in America INTRODUCTION A homosexual is after all a human being, and a citizen of the United States despite the fact that he finds his gratification in what most consider to be an unconventional manner. He is as much enti- tled to the laws and due process treatment as others. ... A variety of sexual practices have been recorded among cultures throughout the world. Of these reported experiences, none have been more controversial than have homosexuality.' Societal attitudes about this mode of sexual expression have ranged from reverence to objec- tion; nontheless, homosexuality occurs in all societies despite the most heinous sanctions.3 In some societies, homosexuality is intensely ritu- alized as part of puberty rites exalting manhood.4 The Greeks and Carthaginians associated homosexual expression with an elevated level of consciousness, superior ethical, intellectual and aesthetic qualities, as well as military valor.' During the first Temple Period, Jewish reli- gious practices incorporated male and female sacred prostitution as well as a ritual mouth-genital contact between priests and worship- pers.6 Certain present-day Jewish circumcision ceremonies include a ritual fellatio on the newly cut subject of the ceremony.7 Generally, homosexuality among the cultures of the world, has 1. McConnell v. Anderson, 316 F. Supp. 809, 814 (D. Minn. 1970) (J. Neville). 2. See E. WHITE, STATES OF DESIRE: TRAVELS IN GAY AMERICA (1983); L. TRIPP, THE HOMOSEXUAL MATRIX (1975). 3. Davenport, SEX IN CROSS-CULTURAL PERSPECTIVE at 153-57; HUMAN SEXUALITY IN FOUR PERSPECTIVES (F. Beach, ed. 1970). 4. See L. TRIPP, THE HOMOSEXUAL MATRIX at 64 (1975). 5. Stodola, The Homosexual's Legal Dilemma, 27 ARK. L. REV. 687, 688 (1973). 6. See TRIPP, supra note 4 at 5-6. 7. Id.

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