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‘Archaic’: the Tennessee town that made homosexuality illegal

Republican lawmakers in the US are leaning into outdated definitions of obscenity to outlaw drag and ban books too

For five months this year, homosexuality was prohibited in a Tennessee college town.

In June, the city council of Murfreesboro enacted an ordinance outlawing “indecent exposure, public indecency, lewd behavior, nudity or sexual conduct”. The rule did not explicitly mention homosexuality, but LGBTQ+ people in the town quickly realized that the ordinance references 21-72 of the city code, which categorizes homosexuality as an act of indecent sexual conduct.

The ordinance was essentially a covert ban on LGBTQ+ existence.

Erin Reed, one of the first and only national journalists to cover the ordinance earlier this year, noted that Murfreesboro isn’t “the only community that has these old archaic bits of code that target homosexuality”.

Earlier this month, following a legal challenge from the ACLU of Tennessee, the government of Murfreesboro removed “homosexuality” from the list of acts defined as “public indecency” by the city code. The small victory came after officials repeatedly refused to issue permits for the BoroPride Festival, citing the new ordinance.

oldbaldgrumpy ,

I’m sure this won’t be a popular opinion, but how is this surprising? Gay marriage was voted down at the state level many times all across the country. Those voters are still out there and 5 supreme court justices didn’t change their opinions on homosexuality.

logicbomb ,

You don’t have to be surprised to be offended.

oldbaldgrumpy ,

True. I’m curious if the ones that enabled this legislation were first surprised or offended when the supreme court made gay marriage legal?

HandBreadedTools ,

This is the most worthless comment I’ve read on lemmy yet, not only is it wrong or also acts smug about it lmfao get outta here

oldbaldgrumpy ,

Based on documented state voting the majority of the population would agree with my statement. You are in the small minority. Bitch all you like, that will not change.

bus_go_fast ,

Based on documented state voting the majority of the population would agree with my statement.

What state? What would they agree with?

oldbaldgrumpy ,

I said in a earlier reply that gay marriage was voted against many times, in multiple states all across the USA. That’s what I was referring to, feel free to Google it.

HandBreadedTools ,

Please, just do a simple Google search and educate yourself:

…wikipedia.org/…/Public_opinion_of_same-sex_marri…

Gay Marriage has had one of the most radical changes in public opinion of any concept in general. The overwhelming majority of people are in favor of it, to the point that it would be law even in places you would not expect.

I said what I said about your comment because it was smug and objectively untrue. Nothing irritates me more than that combination. Please, understand the way you learned things years ago does not determine the immutability of them.

oldbaldgrumpy , (edited )

…wikipedia.org/…/U.S._state_constitutional_amendm…

That’s a quick Google search. It barely made it through the supreme court, passing 5/4. I’m not sure where you are gathering your information, but it’s skewed.

Another search dailysignal.com/…/states-voted-gay-marriage-now-f…

HandBreadedTools ,

Dude did you even read my original comment? I said that the public opinion towards same-sex marriage has changed drastically. I appreciate you linking an article from 2014 from a highly biased conservative site, but, aside from the bias, it has no relevancy as the source I linked to you was as of 2022.

Show me a source that actually supports your claim.

oldbaldgrumpy ,

Also, I added the first additional link I found as anyone can update Wikipedia without validity.

beefbot , (edited )

Your entire comment history is antagonism or insults. I rarely even think this much less say it, but: please go back to Reddit. You’re the reason we all left there.

HandBreadedTools ,

I was gonna reply doing the same thing but I checked my own comment history and nah you got a point. Didn’t realize how consistently irritated I get on here, I only comment when it’s something that pisses me off. Thank you for pointing that pattern out, it’s not something typical of me irl, as I tend to work around a variety of people in political spaces and am accustomed to working around differing ideals. Obviously, that doesn’t show at all in my comment history.

That type of commenting isn’t how I like to talk to people in real life, as I prefer to treat everyone seriously. I think that I kept deciding to just say fuck it for a second and go off, which lead to what you see there. Anyways, thanks again for pointing it out, I was unaware overly toxic I’ve become on here.

Edit: meant to also say I’m gonna make a point to talk to people the way I do irl from here on.

beefbot ,

I was feeling all warm and fuzzy about your response, and thank you for it! Then I watched myself go write a similar comment a few minutes ago so… yknow, no one’s perfect 🤷‍♂️✌️

captainlezbian ,

True, but also some of those voters have changed their minds. I wouldn’t be surprised if my red state would overturn our constitutional ban on gay marriage if Obergefell were struck down, and Obergefell was against our state.

oldbaldgrumpy ,

I assumed push back as you don’t agree with the actual facts I posted, but didn’t expect you to put blinders on. How do you factually measure how people feel? The answer is clearly you don’t. I said gay marriage was voted down many many MANY times in different states all across the United States. It was, that actually happened. The people that voted against still actually exist, and it’s likely their opinion has not changed just because you don’t like it. How fucking obtuse can one person be?

sukhmel ,

Why is it likely that their opinion has not changed? I, for one, change my opinion if I find it doesn’t suit me anymore

oldbaldgrumpy ,

If someone voted against a topic like this so many feel so strongly about I think it would be hard to change their minds. What could I say to convince you otherwise on this topic?

Saltblue ,

It’s hard to change opinions when religion and lead have rotted your brain

oldbaldgrumpy ,

Or a liberal. Liberals are the same.

Saltblue ,

I know, but the funny thing is that this place is very traditional and religious… In paper.

sukhmel ,

So you’re implying that an opinion may be subject to change unless one had already voted on some matter based off of that opinion thus committing to following that opinion for the rest of one’s life?

oldbaldgrumpy ,

Not at all, I said that people are on one side of this topic, and it showed in the actual votes they placed. Then with a 5/4 vote in the supreme Court the government told them their opinion didn’t matter. That alone will make someone loath the decision and keep their opinions. I’ve made myself very clear, and I think everyone here understands my point perfectly, some don’t agree with it, to them I say, whatever.

sukhmel ,

Well, you can count me out, I did not understand your point perfectly, not sure about the rest.

dragonflyteaparty ,

I’m so confused. What is this actually in response to? It feels like you’re responding to a different comment rather than OP.

raynethackery ,

WE WILL NOT GO BACK IN TO THE CLOSEST!

SendMePhotos ,

THEN HOW WILL YOU GET CLOTHES

Indie59 ,

THE BOUDOIR OR MAYBE A DRESSER

stolid_agnostic ,

THEY WILL SIT IN A PILE ON THE FLOOR AND I WILL SMELL THEM BEFORE PUTTING THEM ON, BUT ONLY IF THEY AREN’T TOO WRINKLED IN WHICH CASE I WILL USE THEM AS PAJAMAS OR WASH THEM AGAIN.

humorlessrepost ,

OR THE FARTHEST

wick , (edited )

Wasn’t this whole thing debunked as an obscure definition that was never enforced, and was changed weeks before a story about it ever made headlines?

Earlier this month, following a legal challenge from the ACLU of Tennessee, the government of Murfreesboro removed “homosexuality” from the list

Yep.

I’m cancelling my monthly donation to the guardian lmao. Ragebaiting like some fox news opinion piece.

sunbytes ,

Part of the authoritarian playbook is selective enforcement.

So it’s still scary, even if it never got used.

dragonflyteaparty ,

It’s the fact that it had to be removed… And that there are plenty of people in government, including the speaker of the house, who actually want it to be illegal to be gay.

Heresy_generator , (edited )
@Heresy_generator@kbin.social avatar

In June, the city council of Murfreesboro enacted an ordinance outlawing “indecent exposure, public indecency, lewd behavior, nudity or sexual conduct”. The rule did not explicitly mention homosexuality, but LGBTQ+ people in the town quickly realized that the ordinance references 21-72 of the city code, which categorizes homosexuality as an act of indecent sexual conduct.
...
Earlier this month, following a legal challenge from the ACLU of Tennessee, the government of Murfreesboro removed “homosexuality” from the list of acts defined as “public indecency” by the city code. The small victory came after officials repeatedly refused to issue permits for the BoroPride Festival, citing the new ordinance.

So the city was using the ordinance to shut down a pride festival based on the new ordinance's reference to 21-72 of the city code until the ACLU got involved and they backed down rather than pay for lawyers to fight a battle they knew they couldn't win in the courts.

Murfreesboro made public homosexuality illegal and was enforcing it until the ACLU slapped them around. How is that "debunked"? You don't think it's newsworthy that a city government outlawed public homosexuality just because they rescinded it when challenged?

wick ,

www.facebook.com/boropridetn this is the pride organisers page. On the 2019 event listing they state it is the 4th annual event. They’ve been running pride events in the town every year for nearly a decade. The event occurred again this year, making it the 9th consecutive year.

I don’t see gays being oppressed, I see dumb small town officials thinking they can make weird laws that would never hold up in court and getting immediately corrected.

It’s more shocking to me that there was apparently no law that referenced that definition of “sexual conduct” until now that would have highlighted this bigoted part of the city code thats been there for years.

Was fucking in the street legal? Why is it only on the 9th year of the event that they are getting push back? How many officials were involved in this law passing? Questions the guardian isn’t looking at because they don’t give a fuck, or the answers aren’t ragebait enough.

BlackSkinnedJew ,

I believe no one it’s forcing any minority to keep being in a place where they are not welcomed, move and leave alone the old-fart flat-earthers.

Scientician ,

Sure, but that’s not as easy as it sounds. Your suggestion is to leave family, friends, work, etc etc. Lots of people are tied to a location based on circumstances they can’t control.

BlackSkinnedJew ,

Nothing it’s free in this world, if it worth it you have to pay the price.

Scientician ,

Sure, I’ve uprooted plenty. Some people have circumstances… Like a dependent parent or dependence on a job for insurance. Being human is hard for plenty of people without all the added shit.

dragonflyteaparty ,

Absolutely, so you can take your own advice and go live with the rest of the bigots.

shalafi ,

I feel you, I really do, but I’m getting old and out of options.

I own a home in NW Florida, and there’s no way I move without seriously fucking myself up. FFS, my mortgage is $600/mo. and interest/tax free. I might even have it paid off in the next 5 years. (Thanks Habitat for Humanity! AMA. Seriously folks. I’ll help if I can.)

I might retire to the Philippines with my new Filipina wife (married last Friday!), and that has its pros and cons. Of course I could rent my house out, which lemmy says makes me an evil son-of-a bitch landlord.

And one could say, “You should have left long ago!” Well… Just got here 18-years ago and Florida was purple then, we voted for Obama twice, and it’s only leaning red ATM. And again, lemmy tells me I’m a son-of-a-bitch for living here because my governor and congressman are asses.

So… what? I just run away and destroy my family’s life because the last couple elections went sour?

andros_rex ,

God I would fucking love to move out of my hell-hole conservative state. You going to contribute to my go fund me? Got a room for negligible rent?

oldbaldgrumpy ,

…wikipedia.org/…/U.S._state_constitutional_amendm…

Not sure you’re right about that.

Metype ,
@Metype@lemmy.world avatar

I lived scarily close to Murfreesboro to be reading this. Luckily I moved out of Tennessee back in August, and I hope my friends can get outta there soon.

Bathtubwalrus ,

I lived in Cookeville for a few years, glad I got the fuck outta TN, especially Cookeville. So many racists and homophobes there.

Metype ,
@Metype@lemmy.world avatar

Yeah I went to TN Tech for a year so I know Cookeville :/

IHadTwoCows ,

The christofascist Lemmy user PepeLivesMatter is gonna be sad

kescusay ,
@kescusay@lemmy.world avatar

They’re still doing the Pepe thing? They do know Pepe’s creator hates them and killed Pepe in his comic, right?

How embarrassing and stupid of them.

havokdj ,

Forechin doesn’t care though

girlfreddy ,
@girlfreddy@lemmy.world avatar

Honest to gawd I read that as “foreskin” and did a double-take.

Obviously I haven’t had enough caffeine today.

havokdj ,

What’s the difference honestly lmao

IHadTwoCows ,

Yep. Seems to have been banned though. Yay!

Kolanaki , (edited )
@Kolanaki@yiffit.net avatar

Big, tough, strong, straight men too afraid to see other men kiss or hold hands. These men are weak. Gay men are much more manlier.

havokdj ,

I mean, if you think about it, gay men are so manly that they are literally into men as men. It’s like double man.

It doesn’t get manlier than that. Literally twice the men.

Skanky ,

It’s raining men!

havokdj ,

Hallelujah

rayyy ,

Tennessee needs this law because without it all the men there go gay.

trash80 ,

In June, the city council of Murfreesboro enacted an ordinance outlawing “indecent exposure, public indecency, lewd behavior, nudity or sexual conduct”. The rule did not explicitly mention homosexuality, but LGBTQ+ people in the town quickly realized that the ordinance references 21-72 of the city code, which categorizes homosexuality as an act of indecent sexual conduct.

Erin Reed, one of the first and only national journalists to cover the ordinance earlier this year, noted that Murfreesboro isn’t “the only community that has these old archaic bits of code that target homosexuality”.

Erin Reed also cited the appropriate part of the city code. You could learn something from her.

The ordinance in question is city ordinance 23-O-22. The ordinance states that the community “has the right to establish and preserve contemporary community standards.” It goes on to state that “indecent behavior” or “display” of “indecent materials” would be banned by the new provision. Importantly, the definitions of indecency link back to the city codes definition in section 21-71 of Murfreesboro city codes, which states that “sexual conduct” barred under the provisions includes “homosexuality.” The city ordinance further states that any “behaviors, materials or events that are patently offensive to the adult community” in Murfreesboro would also be banned. Finally, it gives police officers the right to enforce the provisions and states that anybody using city funds for the banned events or materials could be charged with further crimes.

erininthemorning.com/…/city-ordinance-banning-pub…

agent_flounder ,
@agent_flounder@lemmy.world avatar

Just once I wished I could snap my fingers for a role reversal for all these fucking asshole bigots. They probably still wouldn’t learn anything but I at least would feel a little better for a while.

captainlezbian ,

No they actively believe they are reversing roles. They think that their religion is oppressed for people like me being allowed to show our faces in public and for them to be legally mandated to treat us like people.

I don’t want revenge, I just want them to stop hurting people.

agent_flounder ,
@agent_flounder@lemmy.world avatar

I don’t want revenge either. More like forced empathy and perspective since they are usually incapable of experiencing either.

trash80 ,

I think there are a lot of people who don’t appreciate what it means to get arrested and spending the night in holding for some nothing misdemeanor. The “othering” of people who break laws is very severe in this country.

andros_rex ,

Yeah, if you get arrested for bullshit, it’s not like you un-miss work or get compensated for the lawyer you nerd to provide you got arrested for bukkshit.

girlfreddy ,
@girlfreddy@lemmy.world avatar

The ordinance states that the community “has the right to establish and preserve contemporary community standards.”

I have to wonder if the “community” (and I use that term loosely) enacted pro-abortion rules/laws in '73 when Roe was passed so, you know, they kept up with contemporary standards.

interceder270 ,

Was anyone persecuted for this?

badbytes ,

You reap what you sow Tennessee

Supermariofan67 ,

Obscenity law needs to be eliminated entirely at this point. It’s archaic entirely. Luckily, convicting under the Miller test is rare since pretty much everything has “serious artistic or political value”, but these laws shouldn’t be on the books at all. Needless violation of the first amendment to punish victimless crimes.

captainlezbian ,

Isn’t this a blatant violation of the Laurence ruling?

FlyingSquid ,
@FlyingSquid@lemmy.world avatar

Also in Murfreesboro-

propublica.org/…/new-bill-seeks-to-remove-tenness…

It is a very fucked up place.

homesweethomeMrL ,

Cripes. Wtf Murfreesboroites?

twisted28 ,

These are the religious fanatics attempting to overthrow democracy.

DemBoSain ,
@DemBoSain@midwest.social avatar

“After prayerful thought and talking with my family, I have decided not to run for re-election…"

WTF, why do these people always blame God when they get caught? God wasn’t responsible for your own shady shit, and he’s not responsible for you cuttin’-and-runnin’.

IHadTwoCows ,

Morgan Freeman: “But there was no prayer in her thought…”

captainlezbian ,

Yeah it’s famously fucked up

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