Republican lawmakers in the US are leaning into outdated definitions of obscenity to outlaw drag and ban books too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

    • Dem Bosain@midwest.social
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      1 year ago

      “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’.

  • Supermariofan67@programming.dev
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    1 year 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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    1 year 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.

  • trash80@lemmy.dbzer0.com
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    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.

    https://www.erininthemorning.com/p/city-ordinance-banning-public-homosexuality?utm_campaign=post&utm_medium=web

    • agent_flounder@lemmy.world
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      1 year ago

      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@lemmy.world
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        1 year ago

        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@lemmy.world
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          1 year ago

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

      • trash80@lemmy.dbzer0.com
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        1 year ago

        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@lemmy.world
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          1 year ago

          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@lemmy.world
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      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.

  • OBG@lemmy.world
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    1 year 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.

      • OBG@lemmy.world
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        1 year ago

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

    • captainlezbian@lemmy.world
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      1 year 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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      1 year 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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        1 year 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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          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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            1 year 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 🤷‍♂️✌️

      • OBG@lemmy.world
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        1 year ago

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

  • OBG@lemmy.world
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    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?

    • lad@programming.dev
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      1 year ago

      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

      • OBG@lemmy.world
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        1 year ago

        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?

        • lad@programming.dev
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          1 year ago

          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?

          • OBG@lemmy.world
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            1 year ago

            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.

            • lad@programming.dev
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              1 year ago

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