Republican lawmakers in the US are leaning into outdated definitions of obscenity to outlaw drag and ban books too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

  • Supermariofan67@programming.dev
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    7 months ago

    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.

  • Metype @lemmy.world
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    7 months ago

    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.

    • girlfreddy@lemmy.world
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      7 months ago

      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.

  • wick@lemm.ee
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    7 months ago

    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 new opinion piece.

    • sunbytes@lemmy.world
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      7 months ago

      Part of the authoritarian playbook is selective enforcement.

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

    • Heresy_generator@kbin.social
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      7 months ago

      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@lemm.ee
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        7 months ago

        https://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.

    • dragonflyteaparty@lemmy.world
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      7 months ago

      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.

    • Potatos_are_not_friends@lemmy.world
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      7 months ago

      Uncertain if it’ll be a small ticket from a police officer. I’m more confident it’ll be a burning cross and a noose from a group of white hooded individuals. There’s a history.

  • oldbaldgrumpy@lemmy.world
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    7 months ago

    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.

    • captainlezbian@lemmy.world
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      7 months ago

      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.

    • HandBreadedTools@lemmy.world
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      7 months ago

      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

      • beefbot@lemmy.blahaj.zone
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        7 months ago

        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@lemmy.world
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          7 months ago

          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@lemmy.blahaj.zone
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            6 months ago

            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 🤷‍♂️✌️

      • oldbaldgrumpy@lemmy.world
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        7 months ago

        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.