Springfield, MO and Anti-Gay Flirting Laws – Why the Kiss In Really Matters
Organizers of the Great Nationwide Kiss In understood the importance of a kiss when they first decided to turn it into a movement. They repeatedly told the stories of: the two men in El Paso who were kicked out of Chico’s Tacos in El Paso, Texas for kissing; the two lesbians kicked out of Rolling Oaks Mall in San Antonio, Texas for kissing; and the two young mean forcefully detained for a kiss on a popular promenade is Salt Lake City which is now owned by the Mormon Church. Those are the stories we hear and feel because they happened, they are fact. But what about the stories we don’t hear because the residents are afraid of the repercussions from law enforcement and stay hidden in the closet? What about those we don’t hear because the law turns them away?
While kiss in events have spread internationally, one city in the United States won’t be having one – not unless a few brave souls will step forward and organize it. Springfield, MO residents have advised the national organizers that, because it is illegal for persons of the “same-sex to flirt” in the city, they cannot hold a kiss in event. Although the law isn’t as direct in its wording as the residents, their short-hand version is on point.
The actual law is made part of the Springfield Code of Ordinances, Sec. 78-224, which states:
It shall be unlawful for any person in a public place to invite, entice, persuade or to address a person of the same sex for the purpose of inviting, enticing or persuading such person to commit sodomy. Sodomy means any sexual act involving the genitals of one person and the mouth, tongue, hand or anus of another person.
Even though the law does not specifically indicate that the parties involved must be of the same-sex, it’s obvious the law cannot equally be applied to heterosexual couples. Why? Heterosexual couples can claim that they were not enticing (publicly anyway) sexual acts that constitute sodomy under the law. Instead, they could easily claim that the flirtations were for the purpose of missionary-style vaginal intercourse. Note: I have just learned that the tile of this law is “Solicitation by Homosexuals” therefore, claims of heterosexual violations of the law are moot.
Because nearly all aspects of “gay sex” are covered under the sodomy law, including mutual masturbation, gay persons would not be able to claim a sexual advance as anything outside the scope of this local ordinance. Thus, a kiss in event could likely be considered a criminal act in Springfield, MO and the people there have fallen silent choosing oppression over possible arrest for intending to entice sodomy.
The law, even if not enforced, is doing exactly what it was intended to do – keep gays away. That’s why these events are important. They are not about public displays of affection, they are about equality — they ARE about not being afraid anymore.
The Great Nationwide Kiss In is being held in over 50 cities in the US, Canada and Guam. This morning, the third promotional video was released.
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Not that u would ever catch me in Mo…I avoid all Hatin states….so basically I go NO WHERE in America…but this needs a challenge!
How is this law consitutional? Sodomy laws were struck down by the Supreme court in Lawrence vs Texas
it didn't say anything about sodomy being a crime or not, just "that which leads up to it".
Springfield, Missouri is the armpit of the universe. People have been trying to espace that place for years.
It is exactly for Same Sex people. Here is a copy of the law:
Sec. 78-224. Solicitation by homosexuals.
It shall be unlawful for any person in a public place to invite, entice, persuade or to address a person of the same sex for the purpose of inviting, enticing or persuading such person to commit sodomy. Sodomy means any sexual act involving the genitals of one person and the mouth, tongue, hand or anus of another person.
(Code 1981, § 26-112)
State law references: Sodomy, RSMo 566.060; sexual misconduct, RSMo 566.090; solicitation, RSMo 566.095.
To be clear, the law is a city ordinance titled and is indeed titled Solicitation by homosexuals. The state law references prescribe the punishments for committing the crime (First Degree or Third Degree penalty). Thank you for the expansion of the quote.
Unfortunately, Arkansas Jaguar is right. Sodomy laws were overturned, not actions leading up to sodomy. However, this law directly targets homosexuals ONLY. Even if argued that it applies to straight people, it wouldn't hold up – the code is titled "Solicitation by Homosexuals." While titles generally aren't controlling in law, it is clear the laws intended use.
It does, and the more we flee from the oppression, the more oppressed we become. Those of us that remain in the "Hatin states" would love a massive influx of liberal minds.
So… besides the fact that this is insane and a clear cut case of discrimination, what psychic powers are needed to know if someone is inviting, enticing, or persuading? Words? Actions? Charades? Drawing a picture?
This seems like a really good time for people to make this law visible and tell (not ask) the people of Springfield Missouri to take this law off the books. I'm all for answering the call to bombard their mayor with emails.
The Supreme Court was clear in Lawrence v. Texas. This is an unconstitutional law. Further, if an official of Springfield denied a permit based on this law, this would be a civil rights violation.
Timothy. I feel that I must clarify that the organizer did not apply for a permit nor was she denied the permit from the city. She has, however, indicated that upon being informed of the law, she is afraid to organize an event least she be prosecuted.
The city has contacted me and indicated that they feel the law is unconstitutional and unenforceable; however, the fear it instills in the hearts of our community is enforcement enough. That is the point of this article. Thanks for the comment!
Maybe there should be a different sort of event in Springfield – than the actual Kiss-In itself. Maybe a few people should just sit openly with signs supporting lgbt rights. They could also wear rainbow colored shirts (if they have them). Each sign mentioning the location of an event in a different city or state – would that be violating the law?
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Used to live in Springfield. They have a Pride festival. And I've never heard anyone mention this law before. It should be noted that Springfield has a HUGE antigay population. The Assemblies Of God denomiational headquarters and university/seminary are there. Also, there are a few other religious universities in the area. That being said, I never felt descriminated as a gay man.
Hey guys this law had been taken off the books! BTW I live in Springfield and I am a gay man. I have never heard about this nor any of my other fellow gays who live here until it was brought up by the current city manager who has taken it of the books! There are more gay people here than one might think. There are 50,000 college students here, but even then there are a lot of older gay couples as well. I have never been discriminated against and hate that all these websites say Springfield is the worst place for a gay. While us gays who are here are having a great time, you guys really dampen our fun! BTW Springfield just hosted the Miss Gay Mid America pageant! Not only that but on many different occasions people have protest downtown on the square for gay rights. It's not that bad here, sure it's not the Bay area or DC, but I love it!
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