Michigan's Victorian Sex Laws Headed For Repeal

By Ellen Hoffman

Michigan is inching towards repeal of it's century-old sexual statutes, including those specifically prohibiting homosexuality.

Reform in the state received a boost last month when a blue-ribbon panel, the 73-member Michigan Advisory Commission on Criminal Justice, called for repeal of the laws dealing with relations between consenting adults. State Representative Perry Bullard is also drafting a bill to eliminate the archaic laws.

THOSE CRAZY LAWS

Besides prohibiting homosexual relationships, Michigan "Gross Indecency Laws" make sexual relations between unmarried heterosexual a felony. In fact, Michigan's sex laws make virtually every sexual act except the "missionary" position (man on top, woman on the bottom) illegal. The penalty for any such behavior is up to five years in prison or a fine up to $2,500.

Provisions dealing specifically with homosexuality and sodomy allow for sentences up to 15 years in prison. For individuals convicted of being "sexually delinquent," sentence can range from one day to life.

Few arrests have been made under these laws in recent years. Because they are virtually unenforceable, sex laws have been used predominatly to harass people whose lifestyles are not "applepie American," particularly gay people.

A bill to change these laws has been floating in the state legislature since 1967 as part of a total revision of the Michigan Criminal Code. While the House has passed the revised code twice, the Senate has been unable to move the bill out of the Judiciary Committee. High demands for "law and order" criminal laws have dominated the Committee's agenda, and chances of their discussing the Code revision this year seem slim.

WITH A LITTLE HELP...

Sex law reform may be helped along by the report of the Michigan Advisory Commission on Criminal Justice. The panel, appointed by Governor William Milliken, is composed of judges, lawyers, police officials, prosecutors, business and labor representatives, social workers and private citizens. With the backing of this group, change may be speeded up.

Their report, adopted on a voice vote, recommends repeal of all laws relating to sexual relations between consenting adults with the exception of those pertaining to prostitution. According to their report, the "gross indecency" statutes, which specify male-male, female-female or male-female indency "technically allow the prosecution of single heterosexual or homosexual adults. This statute allows prosecution of any homosexual partners whenever there is a complainant. To some, this represents the overreach of the law into the private domain of the citizen."

While approving repeal of the legislation dealing with "private relations between consenting adults" (with adults defined as the legal age of majority- 18), the Commission recommended "that the ban on relations in public places, soliciting, procuring, and selling of sexual acts be retained."

BULLARD'S BILL

The specific provision against soliciting is of particular concern to Ann Arbor's State Representative, Perry Bullard. "Prostitution has no chance of being repealed," Bullard commented. "But I want to try to put in soliciting for repeal as that's how they harass gay people."

Bullard is working on a draft of the bill which he hopes to introduce soon to the legislature. It would repeal all the laws which now prohibit cohabitation adultery, sodomy, "gross indecency" and abominable acts against mankind."

According to Bullard, this would leave only those provisions in the sexual assault legislation passed last year. Also remaining would be laws relating to debauching a minor.

Because of the heavy load in the House Judiciary committee, Bullard hopes to be able to route the bill to some other committee in hopes of speeding up processing.

BEYOND SEX

Sex was not the only subject of the Advisory Commission report on victimless crimes. Other sections dealt with drugs, gambling and pornography.

"No problem causes more concern to Michigan citizens than drug abuse," states the report. "The relatively recent phenomenon of dealing in, and abusing, controlled substances leads to broken lives, crimes to support habits and unconscionable profits to organized dealers."

With an introduction like this, the Commission recommended no changes in laws dealing with heroin and other drugs as might be expected. The only exception was marijuana.

"The prevalence and the problems of alcohol and tobacco products are indications that we need less, not more, legal mind-altering substances. Yet this Commission recognizes the great appeal of marijuana smoking to a significant segment of the younger population of the state. The adverse effects of occasional marijuana use have not been proven to detrimental as to pose a deterrent to the indivdual user." But the Commission stopped short of urging decriminalization, and specifically recommended against it.

Instead, it suggests reducing current penalties for possession to 90 days or $100 from the current $1000 or 1 year sentences.

The Commission also recommended against legalized gambling, and some alterations in Michigan's pornography laws.

Where To Go

The following is a brief list of the community groups and services that deal with human sexuality and personal liberation.

Further resources and updates can be found by calling Community Switchboard - 663-1111.

GAY HOTLINE (GLF Office)

Michigan Union, room 325

761 2044

This is a 24-hour crisis phone for people who are troubled with some aspect of their sexuality.

Gay Liberation Front (Human Sexuality Advocates Office)

Michigan Union, room 325

763-4186 This office trys to act as a liasion between the university bureaucracy and students. This office is working toward the realization of a non-sexist society by providing a library and files, men's and women's advocates and speakers on homosexuality for the community and the university. Meetings are every Tuesday at 8 pm.

LESBIANS' OPENING

225 E. Liberty (in the Women's Bookstore)

665-8370 or 761-7502

This is a community based support group for women who are gay, not gay, are thinking about lesbianism or just coming out. All women are encouraged to attend the Tuesday night rap group at 8 pm.

WOMEN'S CRISIS CENTER

306 N. Division

994-9100

A volunteer oranization of women, the services include peer counseling, (phone or walk-in), crisis intervention counseling, problem pregnancy counseling, rape counseling, and feminist therapy. Action groups include rape education, speakers, self-defense workshops and welfare advocacy.

WOMEN'S BOOKSTORE

225 E. Liberty

Here you will find literature for and about women. The bookstore is also a reading, sitting and talking room for women. The bookstore is non-profit and volunteer run.

ANTI-SEXISM RESOURCE CENTER

1420 Hill

662-6867 or 665-7561

This is a men's rap group which provides a library and information center for men's liberation. Meetings are Thursday at 7:30.

SEXUALITY COUNSELING

Offerred to students at the Health Service during the school year - 764-8320. Also available by sympathetic non-professionals at the Free People's Clinic, Mon-Wed nights, 761-8957. For courses or workshops on sexuality, contact Office of Ethics and Religious Affairs, 764-7442.

NATIONAL ORGANIZATION FOR WOMEN (NOW)

2707 Towner Blvd. 971-9497

This is an action oriented organization working for women's rights in the community. Monthly meetings are the second Tuesday at 8 pm at 1917 Washtenaw. Men and women are welcome.