Old sex laws revamped in new Clarenbach bill By ANNIE LAURIE GAYLOR and JOHN KHO of the Cardinal Staff In the midst of our fair, liberal capital city sit some very musty, but legally binding statute books, sections of which forbid for- nication, adultery, homosex- uality, anal and oral sex, co- habitation and possession of "obscene" materials. Dating back from 1849, most of these laws are not only unen- forceable but they have been ignored and forgotten, save for the prosecution of a few unfortunate minors in recent times. MOST STATE statutes across contain the nation similar morality legislation. For instance, only 13 states allow anal/oral sex and fornication, and only about 12 do not have laws threatening fines or imprisonment for homo- sexuality. con- Wisconsin, which strangers tend to view through rose-colored glasses, was actually the last state in the union to allow unmarried to purchase persons traceptives, in a bill that passed only last spring. Citizens of this state are still forbidden access to condoms in vending machines and store-keepers may not display This contraceptives. puts Wisconsin in the legally non- sensical position of allowing unmarried persons to buy something which they cannot lawfully use. Two governmental actions last week and one today may finally toll the death knell for repressive sex laws. The Wisconsin Council on Criminal Justice recom- mended last week that sexual intercourse involving consenting adults should be legalized. Recommendations by this council carry weight, for it guides the distribution of federal funds, $8.2 million this year, which the state is given by the federal govern- ment to enforce laws. Independent of the council's action, two state representatives, David Clarenbach (D-Madison) Marcia and Coggs (D- Milwaukee), introduced Assembly Bill 69. Briefly, this bill would repeal nearly every law against consenting sex, con- traceptives and prostitution on Wisconsin statutes. Assembly Bill 69 was introduced for its symbolic importance, according to co- sponsor Clarenbach, who noted, "Realistically, it is not going to survive." HE EXPLAINED, "It's morally repugnant to me to have the government interfere with our individual lifestyles like this. It's important for the concept to be introduced and considered." Ever hopeful, however, Clarenbach and five sponsors are D. C 2/1/77 introducing another, less con- troversial bill along the same lines, today. If this bill passes, the old statutes against forms of consensual sex would apply only to exhibitionists and sexual ac- tivity in public. With a few carefully placed words, the old statutes would be rendered ineffective and privately con- ducted adultery, fornication and homosexuality would be legalized. Clarenbach was the sole Madison representative to sign the bill. The Wisconsin Council on Criminal Justice, when asked whether it supports the bill Clarenbach is introducing today, said it "is consistent with our committee's feelings." The bill, however, is not con sistent with the feelings of all members of the community, illustrated by the opposition to the recommendations made by the Wisconsin Council on Criminal Justice. AT THE TIME of the Council's recommendation, the Citizen's League for American Decency went on record against changes in the law. A member of the league, Winnifred Piek, of Lake Geneva, testified: "Your children and grand- children will rue the day their parents took this stand. You will free this country from any moral restraints." A local minister went on record comprehensive against the Assembly Bill 69 at a public hearing last week. The Rev. Richard Prichard, in a telephone interview, elaborated on his reasons for opposing changes in the law, particularly in legalizing homosexuality. Said Prichard: "Homosexuality is a sickness as much as diabetes or alcoholism." a past Ald. Jim Yeadon, member of the Gay Law Student's Organization, feels personal biases have no place in law books and fully supports the proposed changes. "It is clear to me," Yeadon said. "from the Constitution, that two consenting adults should have privacy to do in the bedroom whatever they please." --- Privacy bill threatens freedom 12/1/17 By DIRK JOHNSON of the Cardinal Staff Freedom of the press may be in serious danger, warns Capital Times Publisher Miles McMillin. A right-to-privacy bill, sponsored by State Rep. Michael Farrall, D- Racine, could have a "chilling effect on dissemination of news, McMillan said. The bill "allows a person to sue in those instances where privacy has been violated," according to McMillin. The proposal is a civil statute; violations would not in- volve criminal penalty. FARRALL SAID the bill's effect on the press will be minimal. "In other states where they have privacy laws, there have been no problems," he said. McMillin disagreed saying, "It could wreck a lot of small newspapers and radio stations." Even the newspapers that win in court will suffer serious legal costs, according to McMillin. Large newspapers and radio stations will be able to absorb the financial loss, he said, but small operations may have to fold. The need for the measure arose from an incident in 1954 at Sad Sam's tavern in Green Bay, Wis., Farrall said. AT THAT TIME, a female patron was reportedly photographed "in a compromising position" while using the bathroom. The tavern owner proceeded to duplicate and distribute the photograph of the woman. She sued for invasion of privacy. The court ruled that, since there are no Wisconsin laws dealing with privacy rights, no action could be taken. The case is ridiculous, McMillin said. "It is a bad case of a bad law. How many conflicts will arise from women being photographed in the can?" McMillin related a different incident affecting the press. "Several years ago, a couple was paid by the FBI to live in Madison and spy on their neighbors' war protesting activities." The Capital Times published the story and was sued for libel. "IT'S IRONIC," McMillin said. "The newspaper that's got gumption enough to expose the government will be hauled in. Whatever happened to the right to and com- inquire, speak municate." Farrall is doing precisely what the Supreme Court said not to do, McMillin said he is establishing rights without defining them. "He's leaving it to individual judges to decide. It will be a field day for the same lawyers who pushed malpractice insurance on the doctors," McMillin said. McMillin is not optimistic about chances of state media allying to fight the bill: "Most newspapers just don't give a damn." The majority of newspapers don't print anything that would concern the bill anyway, he said. "But it's papers like the Capital Times and the Daily Cardinal that will get hurt." State Rep. David Claren- bach, D-Madison, is "fairly favorable to the concept" of the bill. "We're one of the very few states without a privacy law." Hindrance of press freedom causes "my one hesitation on the bill," Clarenbach said, adding, "If there were any problems with the law in other states, they haven't come to my attention." Farrall's bill is being sponsored by 42 other state congresspersons. It is scheduled for a public hearing Tuesday before the Assembly Judiciary Committee. 2/21/77 c+ Orr says caucuses should be open MADISON-I am amazed at the un- willingness of Assembly Democrats to open their party caucuses completely. With all of the talk in their campaigns last fall about opposing secret meetings it is distressing to see that all Dane County legislators except David Clarenbach voted against the amend- ment to completely open the caucus. Even Peter Bear, who rode to victory on the "open government" issue, voted against the amendment. Those caucuses should always be open to the public and the press so that we can know what decisions are being made. and how they are being made. - Blair Orr A --- Serbesar Dress The Sheboygan Press SHEBOYGAN, WISCONSIN 53081 The Sheboygan Press SECTION II Sheboygan, Wis., Thursday, March 31, 1977 The Rev. Paul DeVries. Minister Stands Alone In Sex Bill Battle Caught in a flood of oppos- ing testimony, Dutch Re- formed minister Paul De- Vries stood like Peter at the dike in Madison Tuesday. the lone voice against a bill that would decriminalize sex- ual acts between consenting adults in private. In a Sheboygan Press inter- view today, the Rev. DeVries, pastor of Hope Reformed Church, expressed something akin to culture shock in de- scribing Tuesday's Assembly Judiciary hearing at which he spoke. "The hearing opened with the bill's sponsor, Rep. David Clarenbach asking, 'What Wisconsin statute, most mem- bers of the legislature had vi- olated.' That pretty much set the tone for the hearing the joking, the levity. I was amazed." The Dutch Reformed pastor said that about a dozen per- sons, including psychologists, lawyers and ministers spoke in support of removing crimi- nal penalities. Among them was the Rev. Judith Michaels, a campus minister in Milwaukee. "She stood there in a red pants suit and dog collar and said that under our present laws 98% of the population is breaking the law and the other 2% has no immagina- tion. "Another thing that stunned me," continued Rev. DeVries was the youthful- ness of the Assembly Judici- ary Committee. I figured their average age to be about 34." Throughout the inter- view, The Rev. DeVries re- ferred to Rep. Clarenbach as "that boy." As a vice president in the Wiconsin Legislative Council Inc., the local pastor said he is concerned with all legisla- tion that deals with religious and moral matters. His testimony dealt with these major concerns: If the bill should pass, he asked that the legislature al- low individual communities to determine whether or not they wished to repeal the pre- sent law or let it stand. "As you know," he told the committee, "The U.S. Su- preme Court has refused to act on certain ethically charged issues which it thought might best be settled by allowing individual com- munities to enact legislation reflection their own moral persuasion. " In this discussion he cited homosexual activity, asking, "Shouldn't our citizens be permitted to exercise their preference to live in societies where laws offer some protec- tion against what to many is morally reprhensible, peril- ous and polluting.?" He urged the committee to "Consider the magnitude of setting aside a law which re-. flects the historical Judeo- Christian ethic - the ethic that has shaped our institu- tions and behavior." He also said the bill was in- consistent and unnecessary: Inconsistent because it it would not remove criminal penalties for adultery, which he said was immoral but nat- 11 ural, and would remove pen- alities for homosexuality, which "is traditionally consi- dered unnatural. - because Unnecessary private sexual berhavior be- tween consenting adults is hapening now, and almost al- ways beyond the reach of the law. The Rev. DeVries was asked to comment on current legal requirements which place local law enforcement agencies in the position of in- vestigating and prosecuting persons who are living togeth- er though unmarried. In Particular he was asked to comment on the situation of Jim Decko, a Sheboygan man who was accused of adul- tery, resigned from his job and later committed suicide. "Yes, it was tragic," he said, "but in the long run, there would be greater trage- dies without the laws, trage- dies brought about by broken homes and antisocial behav- ior. I must stand behind the Christian ethic." The Rev. DeVries said that State Rep. Carl Otte (D-She- boygan) had assured him of his backing but was unable to be at the hearing Tuesday be- cause of a conflict in meet- ings. Word from Otte's Madison office today projects that the controversial bill (A.B. 323) will not get out of committee and very likely will not reach the floor of the Assembly. ---