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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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