T 3/6/80 T Strict open housing bill on its way to Dreyfus A bill strengthening the state's open housing law today won final legisla- tive approval after liberals won a key vote on testing for discrimination. The Assembly sent the open hous- ing bill to Gov. Lee Dreyfus after re- ceding from its opposition to allow the Equal Rights Division to investigate potential violations without first re- ceiving a complaint. That "testing" provision, bitterly opposed by the Wisconsin Realtors Association, was approved on a 49-to- 47 vote. The measure would widen the open housing law to prevent discrimination on the basis of marital status, handi- cap, age, or income. It would increase penalties from $100 to $1,000 for the first violation and from $1,000 to $10,000 for subsequent violations. State Rep. David Clarenbach, D- Madison, said allowing the Equal Rights Division to move on its own without getting a complaint was criti- cal to the measure. "You ought to understand there are "bigoted and hateful" landlords in Wisconsin. State Rep. Michael Ellis, R-Nee- nah, accused Clarenbach of practic- ing "McCarthyism in reverse" in at- tempting to win the crucial issue. Cla- renbach himself was inserting racism in the debate, argued Ellis. "If we don't go along with your position, we're racist. That's crazy," said Ellis. The Realtors Association, which has one of the active political action committees in the state, had conten- ded the "testing" by the Equal Rights Division would require false represen- tation. "Should state government be in the business of deliberately deceiv- ing its people for the purpose of en- trapping them?" the Realtors Asso- ciation asked in a memo distributed to members of the Assembly late last month. In other action the Assembly asked for a conference committee to settle differences with the State Senate on access to records of private-pay pa- tients. --- Who hasn't broken laws on private sex? PC1/29/79 By Tom Griffin Press Connection Writer Are you one of Wisconsin's many sexual criminals? Married or not, if you have committed acts of oral or anal sex, you have violated Chapter 944 of the Wisconsin criminal code and are sub- ject to a fine of $10,000 and up to nine months in jail. The same penalty applies to couples who have committed fornica- tion or live together "under circumstances that imply sexual inter- course." Madison Rep. David Clarenbach has tried to strike Wisconsin's ar- chaic sex laws from the statutes since he came to the State Legislature. Last March his Sexual Privacy Act passed the Assembly on a preliminary vote, and Clarenbach plans to reintroduce his measure this week. "As a minister said when we held public hearings on my bill, 95 per cent of the adult population violates these sex laws and the other five per cent just don't have any imagination," Clarenbach said. The Madison assemblyman said his bill, which legalizes sexual acts between consenting adults in private, will pass the Legislature by the end of March. But State Rep. Steve Gunderson (R-Osseo), who co-sponsored Clarenbach's bill during the last sesion, said its chances are "not very good." "Nationwide and statewide, people are becoming more traditional and conservative in regard to morals," Gunderson explained. He said he has not made a decision on whether to co-sponsor Clarenbach's legislation in the new Legislature. 4240 "I don't feel there's any gross abuse," Gunderson said. "Even though the statues say its against the law, the law is not being enforc- ed." However, a survey of all Wisconsin district attorneys by UW- Madison Assistant Law Professor Martha Fineman shows that there have been more than 50 prosecutions for cohabitation over the past five years. "It's a substantial number of prosecutions," Fineman said. "While the vast majority of legislators feel the statute is seldom enforced, I am finding that is not the case." Fineman said the survey is still in its preliminary stages, but she said she found that the number of district attorneys who refuse to pros- ecute cases of cohabitation was "not as high as I expected." One district attorney who will not prosecute consensual sex cases is Dane County District Attorney James Doyle Jr. "It's obvious why cohabitation is not prosecuted," he said. "Is this something government should be involved in? How much law enforcement resources would you devote to it?" he asked. Doyle said there had not been a prosecution of cohabitation in Dane County in "a good many years." 99 --- Consenting sex hearing sparks spirited debate By Carla Oakley Of The State Journal WSJ 3/27/81 P. A bill to eliminate criminal penal- ities for cohabitation and fornication between consenting adults met with emotional opposition and support on Thursday during a lengthy hearing in a crowded Assembly chamber. "I see the state sanctioning some- thing God has condemned," said the Rev. Stephen Pabody, of Faith Baptist Church in Plymouth. "My friends, we cannot afford to have this thing (AB- 235) pass." The proposal is sponsored by the Assembly Criminal Justice and Public Safety Committee but modeled after an earlier bill sponsored by Rep. David Clarenbach, D-Madison. It would make acts of fornication or sexual gratification between con- senting adults legal unless these acts are performed in public, or for any thing of value. These acts now can be punished with nine months to two years imprisonment. A score of religious leaders fought on both sides of the proposal, debating the state's role in regulating moral issues. "I firmly believe that the obligation and duty for the oversight of this behavior lies within the religious com- munity," said Rep. Dismas Becker, D-Milwaukee. "To transfer this duty to the state is total negligence" and sug- gests "incompetency in religious insti- tutions and their ministers." Continued from Page 1 society." "When these lifestyles (homosex- uality and sodomy) become part of the culture, that society becomes more decadent," said the Rev. Richard Pritchard, representing Citizens Con- cerned for Our Community. Madison Becker, a graduate of the St. Fran- cis Seminary with a master's degree in religious education from Carmelite Seminary, said the current law is "nothing less than coercion." "Morality is based on the freedom of the will to make a choice," he said. "If we are really concerned about the morality of people, we must allow them to be moral and not coerce them." "The sexual privacy of individuals should be protected," Clarenbach said, adding that the sexual activity of con- senting adults does not harm anyone. "I believe the government has no right in the bedroom," said the Rev. Anthony Larsen, of the Unitarian Uni- versalist Church of Racine and Keno- sha. "Most married couples are al- ready breaking the law (engaging in sodomy or oral sex). "This is also an issue of separation of church and state," he said. Some churches prohibit oral sex, Larsen said, but his does not. Larsen also said that changing the law does not necessarily mean the state would be condoning sodomy, homosexuality or cohabitation. The state does not demand church attend- ance, "but that doesn't mean it con- dones sleeping in on the Sabbath," he said. Opponents of the proposals consis- tently argued that the law must not be passed to preserve the "morality of Turn to Page 2, Col. 1 "If a law is on the books that cannot be enforced, it is disrespect for the law," he said, adding that only two cases of adultery have come before him in his four years as district attor- ney. Doyle said he would also support a bill that would make adultery no longer a crime. --- 181 mentalists lash ed sex-act bill n nal that would te between ared by the ng of funda- oups from ursday at a ich is sup- am religious move crimi- tion, homo- nd anal and s have been ates. e proposal public, with money. ers, cheered ble-carrying mbly Crimi- afety Com- would mean mate births, sease. Claire chapter of the Moral Majority. "They courted it in Sodom and Go- morrah and they were destroyed by. fire." But other religious leaders said the present laws were antiquated and enforced capriciously. "Government has no right in the bedroom," said the Rev. Tony Larsen of the Unitarian Universalist Church of Racine and Kenosha. "Many mar- ried couples are breaking the law according to present statutes." The Rev. Peter Lee Scott of the North Central Universalist Unitarian Church in Wausau said he was "tired of certain religious groups trying to impose their standards on everybody else." Dane County Dist. Atty. James Doyle said he supported repeal of the sex laws because they are virtually unenforceable. "To enforce these laws we would we ought not need officers planted on homes, watching people come and go to Turn to Hearing, Page 9 Rev. Timo- of the Eau Hearing Churches clash on sex-act bill From Page 1 prove sexual activity," he said. "I don't think that's how people want to use police enforcement resources." " Ethical conduct Opponents of the proposed bill said sex laws should remain on the books even if they cannot be enforced in order to show what the government ' believes is ethical conduct. "The law ought to pull us to a higher behavior," argued the Rev. Harley Kent, chairman of the state chapter of the Moral Majority. "The law can con- vict a person's conscience." Helen Webb, representing the Wisconsin Legis- lative and Research Committee of Fond du Lac, said liberalization of sex laws was another step to world atheism. "The plan for world atheism started in 1820," she said. "The big milestone was in 1945 when we joined the United Nations and it has continued. If anybody believes that our country is not going down the drain, they haven't looked around." The Rev. David Barba of Falls Baptist Church in Menomonee Falls said the proposed bill would make hypocrites out of parents who tried to teach their children moral sexual behavior. Effect on teen-agers "The effect on the teen-agers, that's the worse part," he said. "They're going to want to know, 'If it's legal for you adults, why isn't all right for us?'" Rep. David Clarenbach (D-Madison), who has sponsored similar legislation in the past, rejected the notion that the elimination of the sex laws would erode moral values. "I don't think society has come apart in Iowa or Nebraska or some of the other states that enacted this bill," he said. "Do you people, in all good conscience seek the vigorous enforcement of these laws, even if it would mean married couples would have to go to jail?" The crowd answered Clarenbach with cheers | and a loud chorus of "Amen." Lawmaker says sex bill won't harm morals Madison -AP- The 25 states that have legalized private sexual activity between consenting adults have not turned into places of sin, an Assembly committee was told Thurs- day. "Hundreds of thousands of law- abiding Wisconsin citizens would be put in jail if these laws were fully enforced," said Rep. David Claren- bach (D-Madison) of prohibitions in state law against sexual activity between consenting adults. Under the bill, acts of fornication between consenting adults would not be considered criminal unless they were performed in public or for any- thing of value. Cohabitation, unless a person in- volved was married to someone else, would be legalized. "It condones ... sexual perversion in private," said Rep. Joanne Duren (D-Cazenovia). "I believe the bill is just another foot in the door to lower moral standards." "Society has not come apart at the seams in Iowa, Nebraska, North Dakota or any of the 25 states that have passed consenting-adult laws," Clarenbach said. The bill was introduced by the Criminal Justice and Public Safety Committee at the request of dozens of religious leaders and law enforce- ment agencies. M53/27/81 --- WSJ 3/27/81 Consenting sex hearing sparks spirited debate By Carla Oakley Of The State Journal A bill to eliminate criminal penal- ities for cohabitation and fornication between consenting adults met with emotional opposition and support on Thursday during a lengthy hearing in a crowded Assembly chamber. "I see the state sanctioning some- thing God has condemned," said the Rev. Stephen Pabody, of Faith Baptist Church in Plymouth. "My friends, we cannot afford to have this thing (AB- 235) pass." The proposal is sponsored by the Assembly Criminal Justice and Public Safety Committee but modeled after an earlier bill sponsored by Rep. David Clarenbach, D-Madison. It would make acts of fornication or sexual gratification between con- senting adults legal unless these acts are performed in public, or for any thing of value. These acts now can be punished with nine months to two years imprisonment. A score of religious leaders fought on both sides of the proposal, debating the state's role in regulating moral issues. "I firmly believe that the obligation and duty for the oversight of this behavior lies within the religious com- munity," said Rep. Dismas Becker, D-Milwaukee. "To transfer this duty to the state is total negligence" and sug gests "incompetency in religious insti- tutions and their ministers." Becker, a graduate of the St. Fran- cis Seminary with a master's degree in religious education from Carmelite Seminary, said the current law is "nothing less than coercion." "Morality is based on the freedom of the will to make a choice," he said. "If we are really concerned about the morality of people, we must allow them to be moral and not coerce them." "The sexual privacy of individuals should be protected," Clarenbach said, adding that the sexual activity of con- -senting adults does not harm anyone. "I believe the government has no right in the bedroom," said the Rev. Anthony Larsen, of the Unitarian Uni- versalist Church of Racine and Keno- sha. "Most married couples are al- ready breaking the law (engaging in sodomy or oral sex). "This is also an issue of separation of church and state," he said. Some churches prohibit oral sex, Larsen said, but his does not. Larsen also said that changing the law does not necessarily mean the state would be condoning sodomy, homosexuality or cohabitation. The state does not demand church attend- ance, "but that doesn't mean it con- dones sleeping in on the Sabbath," he said. Opponents of the proposals consis- tently argued that the law must not be passed to preserve the "morality of Turn to Page 2, Col. 1 Sex bill stirs debate Continued from Page 1 society." "When these lifestyles (homosex uality and sodomy) become part of the culture, that society becomes more decadent," said the Rev. Richard Pritchard, representing Citizens Con- cerned for Our Community, Madison. TIL "If a law is on the books that cannot be enforced, it is disrespect for the law," he said, adding that only two cases of adultery have come before him in his four years as district attor- ney. Doyle said he would also support bill that would make adultery no longer a crime. --- Sides off on square off By CRISTA ZIVANOVIC C-T Capital Times Staff Writer 3/27/81 Opponents and champions of a bill to decriminalize private cohabitation and fornication between unmarried adults met head-on at a hearing Thursday and debated the issue of "upholding morality" vs. "preserving legally the sexual privacy of consent- ing adults." Joanne Duren, D-Cazenovia, who has spoken out many times against issues such as abortion, the ERA, and family planning in the name of moral- ity and the sanctity of the family, said that the bill, if passed, actually will "sanction immorality and homosex- uality" in Wisconsin. - - Duren, who spoke at Thursday's public hearing against AB 235 in the Assembly Chambers which were crowded to capacity added that making fornication legal would be "just another foot in the door to lower moral standards" and weaken the family. The bill, sponsored by the Assembly Criminal Justice and Public Safety Committee, is modeled after one sponsored last year by Rep. David Clarenbach, D-Madison. In answer to Milwaukee Democrat Rep. Dismas Baker's question about enforcing the current law prohibiting fornication, Duren answered that she did not know how strongly the law was being enforced or whether en- forcement was even necessary. She stressed, however, that keeping such a law on the books was important to show that legislators are willing to up- hold morality. Rev. Anthony Larsen, of the Unitar- ian Universalist Church of Racine and Kenosha, pointed out that separation of church and state is at issue in AB 235, and strongly supported the bill's passage. "Laws were meant to be enforced. Unenforced laws breed disrespect," said Larsen. "Some churches forbid oral sex or sodomy; mine doesn't," added Lar- sen, whose comments were met with murmurs of disapproval from the crowd. "Over 20 states have replaced their sodomy laws. Have Iowa or Ne- braska lowered their moral standards by abolishing such a law? Changing cohabitation bill the law won't imply that the state ei- ther condones or condemns immoral- ity. The next thing that could happen is a movement to start making going to church on Sunday a state law." "If God is against it, then we should- n't accord it," countered Rev. Timo- thy Hallet, representing both the New Testament Baptist Church and the Moral Majority in Eau Claire. "We're not condemning the homo- sexual. It's the sin we're crying out against," Hallet added. "Homosexuals are not born, they're recruited... You can call a skunk a kitty, but it doesn't take the stink away from it. If (AB) 235 passes, human dignity will be low- ered many steps. You (legislators) can vote for it, but you will stand be- fore almighty God someday." In defense of the bill, Clarenbach maintained that it is important that "sexual privacy of individuals is pre- served. I would like to ask the defend- ers of this bill," added Clarenbach, his voice getting louder, "Do you want these laws fully enforced?" Loud answers of "yes" echoed through the Assembly Chambers. "Are you aware of the tens of hun- dreds of thousands who would be put in jail if this law were enforced?" Clarenbach asked. Again, answers of "yes" and "Amen" could be heard throughout the room. Rev. Richard Pritchard, represent- ing Citizens Concerned for our Com- munity in Madison, perhaps most suc- cinctly spelled out the arguments of those against the bill: "Granted, (AB) 235 forbids sexual conduct in public. But what happens in private also af- fects our families, our children. With 235, we will be accepting cohabitation, fornication, homosexuality, and sodo- my." On the heels of Pritchard's argu- ment, Rev. David V. Barba, of the Menominee Falls Baptist Church and Legal Defense and Education Fund, "fornication is proclaimed that wrong. If it is legalized, there will be an increase of illegitimate births, abortions, homosexuality, and vene- real disease." Lucille Liebner, appearing against the bill for a group called Pro-Amer ica, added that "morals are higher than law." --- Bill to legalize sex activity FRIDAY - MARCH 27 1981 Chicago Tribuning between adults debated By ELLEN PORATH Associated Press Writer MADISON, Wis. (AP)- Despite apprehensions of some religious groups, the 25 states that have legalized private sexual activity between consent- ing adults have not turned into modern-day exam- ples of Sodom and Gomorrah, an Assembly com- mittee was told Thursday. The references to the cities said in the Bible to have been destroyed by fire because of the sinful- ness of their residents came during testimony on a bill that would repeal statutory prohibitions against private sexual activity between consent- ing adults in Wisconsin. "Hundreds of thousands of law-abiding Wiscon- sin citizens would be put in jail if these laws were fully enforced," said Rep. David Clarenbach, D-Madison, a supporter of the Assembly Criminal Justice and Public Safety Committee proposal. He noted that some sexual activities such as oral sex are currently barred by law even if the two people are married to each other. Under the bill, acts of fornication between con- senting adults would not be considered criminal unless they were performed in public or for any- thing of value. Cohabitation, unless a person in- volved was married to someone else, would be le- galized. "It condones fornication in private, sexual per- version in private," Rep. Joanne Duren, D-Ca- zenovia, said. "I believe the bill is just another foot in the door to lower moral standards." "Society has not come apart at the seams in Iowa, Nebraska, North Dakota or any of the 25 states that have passed consenting adult laws." passes, gentlemen, human dignity will be low- --- MJ Panel gives OK 4 to consensual sex 4/181 Special to The Journal, AP Madison, Wis. A bill that would legalize sex acts in private between consenting adults was rec- ommended for passage Tuesday by the Assembly Committee on Criminal Justice and Public Safety. The vote was 7-5. Meanwhile, Rep. David Prosser (R-Appleton), an opponent of the bill, said he would propose an amendment to make it illegal to transmit venereal disease. "I am calling for a new criminal offense for the transmission of venereal disease that comes from reckless sexual promiscuity," Prosser said. He said he also would propose that the state government issue a code of suggested moral con- duct, without provisions for penalties. Assembly Bill 235 was protested in a hearing last week by many fundamentalist Christian groups. However, many mainstream religious organizations support the bill. More than 20 states have passed similar bills, which remove penalties for cohabitation, fornica- tion and homosexual acts. The proposal is modeled after a bill introduced last session by Rep. David Clarenbach (D-Madi- son). That bill was defeated. This time, there only was a 24-hour notice of the committee meeting. Opponents of the bill charged that it was being rushed through committee. But Rep. David Travis (D-Madison), chairman of the committee, said other impending business re- quired speed on the bill. "We've got the budget coming up," he said. "We're watching the session drift away before our eyes." Wisconsin Rapids Daily Tribune, Tribune, 4/7/81 It's not state's job to regulate sexual morality Legislation of morals doesn't work. Time and time again, history has proven that. Still, there's a heated controversy brewing in Madison about revising some of our state statutes. A bill to legalize sex between unmarried people and to abolish cohabitation as a crime is pen- ding in the state Legislature. Under the bill, acts of fornication between consenting adults would not be considered criminal unless they were performed in public or for anything of value. Cohabitation, unless a person in- volved is married to someone else, would be legal. Opponents of the bill say they believe it is just another foot in the door to lower moral standards, that it violates biblical teachings and that passage of such legislation would encourage cohabita- tion, fornication and homosexuality in Wisconsin. The bill, which has gained the approval of the Assembly Criminal Justice and Public Safety Committee, was in- troduced by the committee at the re- quest of dozens of religious leaders and law enforcement agencies, including seven county district attorneys. It is similar to legislation un- successfully introduced in the last legislative session by Rep. David Claren- bach, D-Madison. Clarenbach, a supporter again this time around, has said over and over again that "hundreds of thousands of Editorial law-abiding citizens" would be put in jail if the state's current laws regarding private sexual activity were fully en- forced. He said the Criminal Justice and Public Safety Committee introduced the bill at the request of dozens of religious leaders and law enforcement agencies. Current laws are only sporadically en- forced. Even if the state was intent on enforcing them, the fact is that it just couldn't be done. And, any kind of law that cannot be enforced ultimately is a bad one. Twenty-five states already have pass- ed consenting-adult laws and society has not come apart at the seams. Wisconsin should follow their examples. It is not the state's job to regulate sex- ual morality. Perhaps Rep. Dismas Becker, D-Milwaukee, a former Catholic priest, said it best: "The oversight and dominion of this behavior lies within the religious com- munity. It is total ignorance to assume an elected body will be able to do that." If we are concerned with the morality of people, we must allow them to be more moral, not coerce them under the threat of a law that cannot be enforced. --- Gay Madison May 1981 AB 235 Update By David Clarenbach, State Representative Legislation is currently before the Assembly that would legalize sexual activity between consenting adults in private (including homosexual activity) and co- habitation. Right now, Wisconsin law only permits sex be- tween husband and wife. This legislation, Assembly Bill 235, is similar to legislation introduced last session that passed the Senate, but narrowly failed in the Assembly. This year, the bill has been introduced through the As- sembly Committee on Criminal Justice and Public Safety "by request" of 44 individuals and groups from around the state, including the League of Women Voters, seven District Attor- neys, and numerous Protestant and Jewish clergy. After a public hearing, the Committee recommended by a bipartisan vote that AB 235 be passed by the Assembly as a whole. An identical bill, Senate Bill 205, has also been introduced by the Senate Human Services Committee. Twenty-five other states, including Iowa, Indiana, Illi- nois, and North Dakota, have passed similar laws. Late in April, Wisconsin could become the twenty-sixth. Despite heavy lobbying by groups like the Moral Majority and Citi- zens Concerned for our Community, I expect a close but fa- vorable vote in the Assembly. --- JOURNAL OF THE ASSEMBLY [April 28, 1981] The assembly stood recessed. The assembly reconvened. 10:15 A.M. RECESS 11:00 A.M. CALENDAR OF TUESDAY, APRIL 28, 1981 Assembly Bill 235 Relating to sexual activity between consenting adults and revising penalties. Assembly substitute amendment 1 to Assembly Bill 235 offered by Representatives Prosser and Robertson. Assembly amendment 1 to assembly substitute amendment 1 to Assembly Bill 235 offered by Representative Prosser. The question was: Shall assembly amendment 1 to assembly substitute amendment 1 to Assembly Bill 235 be adopted? Motion carried. Representative Clarenbach moved rejection of assembly substitute amendment 1 to Assembly Bill 235. Representative Wood moved that Assembly Bill 235 be laid on the table. Representative Barry asked unanimous consent to make a statement. Representative Rogers objected. Representative Loftus moved that the rules be suspended to allow Representative Barry to make a statement. The question was: Shall the rules be suspended to allow Representative Barry to make a statement? The roll was taken. The result follows: Ayes -- Alberts, Andrea, Barry, Becker, Behnke, Berndt, Bradley, Broydrick, Byers, Clarenbach, Coggs, Conradt, Crawford, 400 JOURNAL OF THE ASSEMBLY [April 28, 1981] Czarnezki, DeLong, Dilweg, Donoghue, Dorff, Duren, Ellis, Everson, Fischer, Flintrop, Gerlach, Goodrich, Harer, Hasenohrl, Hauke, Helbach, Hephner, Holschbach, Hopkins, Jaronitzky, Johnson, Kincaid, Kirby, Klicka, Knox, Kunicki, Laatsch, Ladwig, Larson, Lee, Leopold, Lewison, Loftus, Looby, Luckhardt, McEssy, McEwen, Matty, Medinger, Menos, Merkt, Metz, Miller, Munts, Murray, Nelsen, Neubauer, Norquist, Otte, Panzer, Paulson, Plewa, Plous, Potter, Prosser, Quackenbush, Radtke, Roberts, Robertson, Robinson, Rutkowski, Schneider, Schneiders, Shabaz, Shoemaker, Smith, Stitt, Swoboda, Tesmer, Thompson, Travis, D., Travis, R., Tregoning, Tuczynski, Ulichny, Wagner, Williams, Wood, Young and Mr. Speaker -- 93. Noes Barczak, Rogers, Rooney and Vanderperren 4. 2. Absent or not voting -- Porter and Schmidt Motion carried. Representative Schmidt asked unanimous consent to be recorded as voting "Aye" on the previous question. Granted. Representative Clarenbach asked unanimous consent to make a statement. Representative Rogers objected. Representative Loftus moved that the rules be suspended to allow Representative Clarenbach to make a statement. The question was: Shall the rules be suspended to allow Representative Clarenbach to make a statement? The roll was taken. The result follows: -- Ayes Alberts, Andrea, Barczak, Barry, Becker, Behnke, Berndt, Bradley, Broydrick, Byers, Clarenbach, Coggs, Conradt, Crawford, Czarnezki, DeLong, Dilweg, Donoghue, Dorff, Duren, Ellis, Everson, Fischer, Flintrop, Gerlach, Goodrich, Harer, Hasenohrl, Hauke, Helbach, Hephner, Holschbach, Hopkins, Jaronitzky, Johnson, Kincaid, Kirby, Klicka, Knox, Kunicki, Laatsch, Ladwig, Larson, Lee, Leopold, Lewison, Loftus, Looby, Luckhardt, McEssy, McEwen, Matty, Medinger, Menos, Merkt, Metz, Miller, Munts, Murray, Nelsen, Neubauer, Norquist, Otte, Panzer, Paulson, Plewa, Plous, Potter, Prosser, Quackenbush, Radtke, Roberts, Robertson, Robinson, Rutkowski, Schmidt, Schneider, Schneiders, Shabaz, Shoemaker, Smith, Stitt, Swoboda, Tesmer, Thompson, Travis, D., Travis, R., Tregoning, Tuczynski, 401 --- Assembly postpones sex bill CT 4/28/81 By a one-vote margin the Assembly today indefinitely postponed a bill to legalize noncommercial sexual activities between unmar- ried adults. The vote was 50 to 49. State Rep. Davis Prosser, R-Appleton, led the fight against the bill, noting that some provisions in the current law date back to 1849. He contended that it would contribute to divorce and increase the number of children borne out of wedlock. State Rep. Richard Flintrop, D-Oshkosh, said the laws have not been a deterrent to sexual activities, and State Rep. David Claren- bach, D-Madison, said the bill would not change prostitution or adul- tery laws. O --- 34 THE CAPITAL TIMES, Wednesday, April 29, 1981 • Assembly votes 'no,' 50-49 Clarenbach pledges to revive 'sex bill' By MATT POMMER Capital Times Staff Writer State Rep. David Clarenbach, D-Madison, today promised a "re- newed effort" to pass a bill to legalize cohabitation by non-married consent- ing adults and all private sexual activ- ites by a married couple. On Tuesday the Assembly voted 50 to 49 to indefinitely postpone the mea- sure, but Clarenbach said he hoped to change a vote on Thursday in order to reconsider the action. "The concept lives on, but unless we can change a vote it's probably dead in this session," Clarenbach said. "There will be a renewed effort. I knew Tuesday we had 49 votes with a half dozen sitting on the fence." Clarenbach shrugged off misstate- ments by opponents of the bill during floor debate. "There were inaccuracies, but I think we answered them. I don't think any one had the wool pulled over his eyes. It will go in this session or the next," he continued. "I don't think the vote was a victory for the 'moral majority.' This may be a difficult issue for politicians. I un- derstand that," he added. The first attempt to pass the bill four years ago mustered only 25 votes in the Assembly. It attracted over 40 votes in the last session of the Legisla- ture, he noted. The measure would repeal the pre- sent criminal penalties for sexual ac- tivity between unmarried consenting adults, allowing sexual relations in private and cohabitation. The ban on adultery would remain. Clarenbach said present Wisconsin law even makes it a crime if two peo- ple associate "under circumstances that imply sexual activity. I think that's insane." Rep. David Prosser, R-Appleton, sought to weaken the bill. Prosser of- fered a substitute to continue sanc- tions against sexual activity between consenting adults, while replacing the criminal penalties, which include jail terms, with forfeitures. He said Clarenbach's bill would in- crease the number of divorces, the number of children born out of wed- lock, welfare payments for childen born outside of marriage, the inci- dence of venereal disease and the number of abortions. Here is how the Assembly voted when it rejected the bill: Democrats for rejecting: Andrea, Behnke, Dorff, Duren, Hasenohrl, Hephner, Holschbach, Kincaid, Menos, Murray, Otte, Plewa, Potter, Rooney, Rutkowski, Swoboda, Tes- mer, Vanderperren, Wood. (19) Democrats against rejecting: Barc- zak, Barry, Becker, Broydrick, Clarenbach, Coggs, Crawford, Czarnezki, Everson, Fischer, Flintrop, Gerlach, Hauke, Helbach, Jackamo- nis, Johnson, Kirby, Kunicki, Lee, Leopold, Loftus, Looby, Medinger, Metz, Miller, Munts, Neubauer, Nor- quist, Plous, Roberts, Robinson, Rogers, Schneider, Shoemaker, Smith, D. Travis, Tuczynski, Ulichny, Wagner, Williams. (40) Republicans for rejecting: Alberts, Berndt, Bradley, Byers, Conradt, De- Long, Ellis, Harer, Jaronitzky, Klicka, Laatsch, Ladwig, Larson, Lewison, Luckhardt, McEssy, McEwen, Matty, Merkt, Paulson, Porter, Prosser, Quackenbush, Ratke, Robertson, Schmidt, Shabaz, Stitt, Thompson, Tregoning, Young. (31) Republicans against rejecting: Dil- weg, Donoghue, Goodrich, Hopkins, Knox, Nelsen, Panzer, Schneiders, R. Travis. (9) --- Wisconsin State Journal, Wednesday, April 29, 1981 Section 3, Page 7 Assembly narrowly kills sexual consent legislation By Patricia Simms State Government Reporter . State Rep. David Clarenbach, D-Madison, on Tuesday narrowly lost another round in his battle for legisla- tion that would legalize sexual activity between non-married consenting adults. The Assembly voted 50-49 to indefi- nitely postpone a bill that would make acts of fornication or sexual gratifica- tion between consenting adults legal unless they were done in public or for money. Clarenbach, who has fought for the measure for four legislative sessions, said the bill was dead for the session unless he could convince someone to change his or her vote and seek recon- sideration on Thursday. "We have our work cut out for us," Clarenbach said. "We have 48 hours to find that one vote." Clarenbach said some of the legis- lators who voted against the bill sin- cerely believed that it would have a negative impact on the morals of the state. "But it's mainly a political issue that might make (a legislator) vulner- able in the next election," he said. "Are they voting to weaken the morals of the state and encourage promiscuity? I think not," Clarenbach said. "But that's a concern of many of my colleagues." Clarenbach said the bill, which would allow unmarried persons to live together without fear of prosecution, has been opposed fiercely by some religious groups, including the "Moral Majority." "But I don't think the 'Moral Ma- jority' can claim a victory on this bill," he said. Clarenbach said the bill was de- feated by legislative fears that voters would react negatively, "even though the majority of people in this state vio- late the law on a regular basis." In the 1979 legislative session, the bill was passed by the Senate and de- feated in the Assembly, where it gar- nered 41 votes, Clarenbach said. On Tuesday, it drew 49 supporters. "We've seen some significant progress," he said. Legislators rejected a series of amendments by Rep. David Prosser, D-Appleton, that would have reduced the penalties for fornication and other sexual activity between consenting adults to a fine, but left it on the books as a violation of the law similar to a traffic offense. But, in response to concerns from lobbying groups and others, Claren- bach agreed to an amendment of "in- tent" that said the state had a duty to encourage high moral standards. "Although the state does not regu- late the private sexual activities of consenting adults, the state does not condone or encourage any form of sexual conduct outside the institution of marriage," the amendment said. "Marriage is the foundation of the family and society. "Its stability is basic to morality and civilization and of vital interest to society and this state." Rep. Richard Flintrop, D-Oshkosh, argued that cohabitation had become "a common occurrence" today and the law should conform to what actually is. "It is the way society is operating today," he said. "There's got to be a limit to government involvement in the lives of the people of Wisconsin." The current cohabitation law pro- hibits association with a person who is not one's spouse under circumstances that imply sexual intercourse. "It's about as vague as it can be," Clarenbach argued. Rep. Wayne Wood, D-Janesville, made the move to kill the bill. Speaker Edward Jackamonis, D-Waukesha, said the tally that ap- pears on his desk at the front of the Assembly chamber showed the motion to kill the bill was failing by one vote until just before he closed the roll call, when one legislator changed his or her vote, and the bill was sent to its death. It can only be resurrected if a legis- lator who voted against it asks the As- sembly to reconsider it. In other action, the Assembly passed bills authorizing payment by the state of $12,427 to Madison for po- lice assistance at the University of Wisconsin-Madison during a strike by teaching assistants a year ago, and of $40,252 to Oshkosh for crowd control at UW-Oshkosh during the celebration last St. Patrick's Day. The claims, which had been recom- mended for approval by the State Claims Board, were approved by the Senate earlier this year. The bills were sent to Gov. Lee Dreyfus. --- MS 4/29/81 Assembly rejects bill changing sex laws By Neil H. Shively Sentinel Madison Bureau - Madison The State Assembly voted, 50-49, Tuesday to postpone indefinitely a bill that would abolish laws against sex acts between con- senting adults. A motion for reconsideration could be made Thursday. Earlier test votes had indicated the measure might be approved. Under the bill, sexual acts between consenting adults would not be a crime unless they were performed in public or for something of value. It would allow cohabitation. prostitution and sexual acts with minors would remain. Supporters of the bill said the laws against fornication rarely are en- forced, and when they are, they are enforced "selectively." Rep. David Clarenbach (D-Madi- son), who has pushed such legislation for seven years, said there were 49 solid votes for it. He had hoped to pick up the one needed to give it pre- liminary approval. But it was not there and Claren- bach said he was trying to round up a legislator who voted against the bill to get the measure reconsidered Thursday. The statutes against adultery, Vote Turn to Page 11 --- The concept of this bill is better un od by members of this Legislature than any other issue before it," he said. Rep. David Prosser (R-Appleton) sought anoth- er, softer version of the bill that he said would shore up weaknesses in the bill. Prosser contended that the main bill, for exam- ple, legalized prostitution in private, but Claren- bach said the measure didn't affect prostitution. Early in the hourlong debate, a move to table the bill failed, 44-52. Rep. John Shabaz (R-New Ber- lin), GOP floor leader, urged the Assembly to ..dump it. "No amount of amending is going to make it better," he said. "No amount of amending is going to make it passable." Arguing against one amendment, Rep. John Norquist (D-Milwaukee), wondered about the en- forcement of laws against private sexual acts. "Explain to me how this law is going to be en- forced," he demanded. "Who's going to look in whose window? I know a lot of policemen wouldn't want the job because it could be pretty dangerous duty." Rep. Richard Flintrop (D-Oshkosh) said cohabi- tation "is a fairly common occurrence." He chided conservatives to come through on their view that "there's got to be a limit on gov- ernment involvement in the lives of people." A majority of the 18 women in the Assembly supported the bill. On amendments and procedural votes, 15 of the 18 were for the bill. On the final vote, 14 voted to keep the bill alive. Clarenbach said he found that many women were influenced by the re --- THE CAPITAL TIMES William T. Evjue, Founder-Editor, 1917-1970 Miles McMillin, Editor and Publisher, 1970-1978 ELLIOTT MARANISS, Editor ROBERT MELOON, General Manager DAVE ZWEIFEL, Managing Editor JOHN PATRICK HUNTER, Associate Editor MARIE PULVERMACHER, Associate Editor C-T S-1-81 Out of the bedrooms, snoopers WHY IS IT that the same people who want to get the gov- ernment off our backs are so re- luctant to cast off one of the most intrusive state laws on the books? Surely, no law is more consis- tently ignored than the state's ban on sexual activity between unmarried adults. Do its de- fenders honestly believe that keeping this archaic prohibition on the books contributes one whit toward bolstering moral standards? Or that eliminating the law will have any impact at all on the rate of divorce, prosti- tution or venereal disease? To accept either of these premises, one has to be out of touch with contemporary reality. THE LAW, like the defenses of it, would be laughable if it were not occasionally - and un- - evenly enforced. Usually the targets are welfare mothers and others whom society likes to harass. If violators were uni- formly prosecuted, a good num- ber of upstanding citizen types, including lawmakers, university professors, journalists and pub- lic officials, would be in the clink. By a narrow, 50-49 vote, the Assembly this week turned back Rep. David Clarenbach's perennial effort to get rid of the co-habitation ban. But because one member was sensible enough to move for reconsider- ation, the measure will come up for a vote again next Tuesday. Let's hope that between now. and then, the lawmakers will decide to shun double standards and consign this silly Victorian vestige to the dust bin. --- MS 5-6-81 Representative seeks compromise on sex bill Madison -UPI- A heavily debated bill to legalize sexual activity between unmarried consenting adults got a temporary reprieve in the Assembly Tuesday as the main author sought a compromise with opponents. The bill was postponed indefinitely, 50-49, last week, but Rep. Louise Tesmer (D-Milwau- kee) offered a motion for reconsideration. The move paved the way for a possible vote to re- vive the measure. The bill was kept alive Tuesday when As- sembly Speaker Edward G. Jackamonis (D- Waukesha) took a point of order under advise- ment. It will come up again whenever Jacka- monis issues his ruling on the procedural issue. Rep. David Clarenbach (D-Madison), who led the fight for the bill, said it should be kept alive so he could attempt to reach an agreement with opponents on a version that could pass. "I think there is room for reasonable com- promise," Clarenbach said. However, he said initial talks with Rep. David Prosser Jr. (R- Appleton), a leading opponent, were fruitless. The bill would repeal present criminal penal- ties for sexual activity between unmarried con- senting adults, allowing cohabitation and sex- ual relations in private. Married people still would be covered by Wisconsin's ban on adul- tery. Rep. John C. Shabaz (R-New Berlin), the minority floor leader, sought to take up the reconsideration motion and kill the bill." " "I don't want this bill around here anymore,' Shabaz said. He said it would give Clarenbach time to try to get some opponents to switch their votes. • criminal penalties for sexual acts between con- senting unmarried adults were "archaic and outdated." "The current laws regulating sexual activity between consenting adults are unrealistic and unenforceable," he said. "It is insane to have laws on the books that breed contempt for all other laws." Clarenbach said he proposed to Prosser that a compromise be drafted under which sexual ac- tivity between unmarried consenting adults would be subject to fines, rather than the Clarenbach said Wisconsin's laws setting present prison terms. --- page 3-the daily cardinal-Wednesday, February 21, 1979 Rep. seeks to take State out of the bedrooms 0 SCHULTZ By Mark C. Hazelbaker of the Cardinal Staff State laws prohibiting crimes against sexual morality have again come under attack in the Wisconsin Legislature. The leader of the drive to repeal the sex laws, Rep. David Clarenbach, D-Madison, said Monday he will reintroduce a bill legalizing all consensual private sex acts between adults. Clarenbach's bill would insert the words "in public" in the section of state law prohibiting sex between un- married persons. Thus, the conduct now illegal would be punishable only if it occurred in public. IN ADDITION TO prohibiting sexual intercourse be- tween unmarried persons, the current statutes also bar oral and anal sex between any persons, married or not. The effect of the statute, Clarenbach said, is to make just about everyone in the state a criminal. "A minister testifying in favor of this bill in the last session put it accurately when he said that 'Ninety-five percent of the people of Wisconsin have violated these laws and the rest have no imagination," he said. A similar bill was introduced last session and won preliminary approval in the Assembly. But before the final vote on the bill, Rep. John Shabaz, the extremist Republican leader of the Assembly, charged it would legalize prostitution. Although legal opinions from Dane County District Atty. James E. Doyle Jr. and the At- torney General said the bill would not affect prostitution at all, the Legislature refused to support the bill and it was withdrawn. THE BILL'S OPPONENTS argued that the state could not condone sexual "immorality" by legalizing sex acts. Clarenbach argued, and still contends, that the state does not have the right to define sexual morality. Another argument is that sexual morality is an in- dividual choice; the state should not enact the moral views of a minority faction into law for the entire society. The issue involves more than libertarian ideals, ac- cording to Clarenbach. Although opponents of the bill have argued that it is not important because police do not enforce the sex laws, Clarenbach maintains that con- tention simply isn't true. A University study found that 50 prosecutions under the laws have been brought in Wisconsin since 1973. Con- sidering that millions of people violate the laws, Clarenbach said the enforcement of the law is arbitrary and capricious. It is often a tool of repressive police departments used to harass people with alternative lifestyles. was ONE EXAMPLE OF sex law persecution involves the case of an eastern Wisconsin attorney who prosecuted for non-marital intercourse and convicted. He lost his job, his career was ruined, and he later com- mitted suicide. In Madison, the police have been specifically instructed not to enforce the sex laws unless they are publically violated. But the laws still affect drom policies, because they are state institutions. The bill has a good chance of passing the legislature this session. A section has been added making it clear that the bill in no way affects prostitution. The abatement of the Anita Bryant movement, plus the fact that morality was not an issue in last year's elections, should encourage legislators to vote for the bill. --- GAY Inside: MADISON No.5 May 1979 Panel training workshop May 6 Motown dance to honor Soglin Meg Christian in concert May 6 Gay/lesbian arts fair May 13 Clarenbach introduces Consenting Adults Bill * Of the Wisconsin District Attorneys responding to a survey, 10 indicated that individuals had been arrested for cohabitation in their counties; approximately 50 cases have been prosecuted in the 10 counties in the last five years. * Since March 22, 1978, 36 men have been arrested at the baths in Milwaukee so that the police department may "uphold the law." David Clarenbach and 6 other state legislators have introduced Bill 514 which would alter the coverage of certain crimes involving sexual activity between consen- ting adults. Acts of "fornication" or sexual gratifica- tion between consenting adults would not be criminal un- less done in public, or for anything of value. The existing antiquated law is not widely or uniform- ly enforced; however, if left as is, it could be used to harass selected individuals and minorities. According to David Clarenbach: "95% of the people in the state are breaking the law, and the other 5% don't have any imagi- nation." Support Bill # 514 by contacting your state represen- tative. For further information, contact the United at 255-8582. Mark Krueger --- 8-THE CAPITAL TIMES, Friday, Aug. 3, 1979 Clarenbach jabs at 'Anita Bryants;' pushes his 'love and let love' bill The Associated Press Laws against homosexual activity between consenting adults should be abolished because they are an "un- warranted interference" with people's private lives, Rep. David Clarenbach says. In testimony before an Assembly committee Thursday, the Madison leg- islator censured the "Anita Bryants of the world" and "others who talk of love but are often hateful" in their op- position to what he called liberal sex laws. A Clarenbach bill proposes that sex acts among consenting adults not be considered criminal unless they are committed in public or in return for anything of value. Laws have "placed in a criminal category what a majority 95 per- cent of our sexually active people - are doing anyway," he declared. "The other 5 percent don't have any imagi- nation." The Democratic assemblyman said the state should adopt an attitude of "live and let live, love and let love. That's what this bill is all about." Opposition to the bill was led by Rev. Richard Pritchard, a Madison clergyman, and by Mrs. Stuart Lock- lin of Appleton and Charles Weier of West Bend. Pritchard and Mrs. Locklin spoke in behalf of PULL (People Using Legis- lation Legally). Weier said he repre- sented Citizens for Decency Through Law. Although sex among unmarried per- sons and homosexuals "is prevalent, I don't think it should be legal." As for the theory that consenting adults should have sexual freedom when they are in private, Pritchard said the same argument was pressed when "cock fighting and bear baiting" was being outlawed. Mrs. Locklin presented petitions which she said were signed by 4,000 opponents of Clarenbach's bill. "People who speak for morality are not all kooks or insane," she told Cla- renbach. Supporters of the bill included Rev. Paul G. Schervish, a Roman Catholic priest from Madison, and Rev. Joyce Setzler of Prairie du Sac, a minister with the Wisconsin Conference of the United Methodist Church. Loosening of state sex laws urged United Press International A legislator, urging adoption of his bill permitting sex in private be- tween consenting adults, said Thurs- day the police beat should not in- clude the bedrooms of Wisconsin. "The government has absolutely no business investigating what goes on in the bedrooms of our state," Rep. David Clarenbach (D-Madison) told the Assembly Criminal Justice and Public Safety Committee. He said at a public hearing on his bill a Waukesha police officer, in- vestigating a report of a burglary last year, entered an apartment, found an unmarried couple involved in an act of sex and arrested them. "This can destroy peoples' lives, their reputations," he said "Every- body has a right to live and let live, to love and let love. That's what this bill is all about." The bill would permit sexual acts between consenting adults, regardless of their sex or marital status, as long as the acts are not in public or for any thing of value. A referendum on the bill was urg- ed by the Rev. Richard Pritchard of Madison, who led opponents of the bill. "Even though the practice of in- tercourse between unmarried con- senting adults in private is prevalent, I don't know whether this is something that we should say is legal," he said. "It isn't enough to say that these are consenting adults." The committee took no action on the bill. --- MJ 8/3/79 × Legislators Urged to Insure Sexual Privacy Madison, Wis. -UPI- The police beat should not include the bedrooms of Wisconsin, a legislator said Thursday, urging adoption of his bill permitting sex in private between consenting adults. "The government has absolutely no business investi- gating what goes on in the bedrooms of our state," Rep. David Clarenbach (D-Madison) told the Assembly Crim- inal Justice and Public Safety Committee. Clarenbach said that Waukesha police, investigating a report of a burglary last year, entered an apartment, found an unmarried couple involved in an act of sex and arrested them. "This can destroy peoples' lives, their reputations," he said. "Everybody has a right to live and let live, to love and let love. That's what this bill is all about." The bill would permit sexual acts between consenting adults, regardless of their sex or marital status, as long as the acts are not in public or for anything of value. A referendum on the bill was urged by the Rev. Rich- ard Pritchard of Madison, who led opponents of the bill. "Even though the practice of intercourse between unmarried consenting adults in private is prevalent, I don't know whether this is something that we should say is legal," he said. "It isn't enough to say that these are consenting adults." Escapee Bill The committee also heared Rep. Sheehan Donoghue (R-Merrill) say that juveniles who flee secure institu- tions or attack guards or other inmates should be dealt with more severely than they are now. Juvenile escapees, she said, pose a danger to the sur- rounding community. She said people who live near youthful offender schools are often "in fear for their lives." Rep. Donoghue was testifying on two bills she has sponsored. One would deal with escapees, the other with attacks on guards. Each bill has a large number of co-sponsors. She cited an incident last year at the Lincoln Hills in- stitution. Four juveniles escaped the school and held a woman at knifepoint. The woman had undergone heart surgery just a short time earlier and was recuperating at home. "They (juveniles) have to be made to realize this (run- ning away and assaults) is not really acceptable behav- ior," she said. "Now they think they can get away with it. More Violent Assaults Rep. Donoghue said assaults in juvenile institutions in recent months tended to "be more violent than in adult institutions." She said that for many counselors, going to work "is just like going to the front lines of a war every day." Under the bills, youths over 16 would automatically have their cases transferred to an adult court. They could then be sent back to juvenile authorities for action or sent to an adult prison for up to two years. The youths could also be subject to fines. Such cases now are generally taken care of within the institution, though they can be taken to adult court. The juveniles charged in the Lincoln Hills incident were dealt with as adults. Richard J. Phelps, a representative of the Youthful Policy and Law Center, Inc., of Madison, opposed the measures, saying he felt the problems could better be dealt with through other legislation. Clarenbach urges sexual privacy bill Sentinel Madison Bureau Madison - The state's sexual I crime laws are so strict that most Wisconsin adults violate them, Rep. David Clarenbach (D-Madison) claimed Thursday. Clarenbach is sponsoring a sexual privacy bill for consenting adults. Under his proposal, neither forni- cation nor sexual gratification would be a crime unless the act were com- mitted in public or for something of value. "The government has absolutely no business in what goes on in the bedrooms of the state," he said, add- ing it would not affect current laws on public sex, prostitution or sex with minors. Clarenbach said current law makes it illegal to have sex with anyone who is not his or her spouse, to have sex with anyone of the same sex, or for anyone to have oral or anal sex. Among those opposing the bill was Mrs. Stuart Locklin, Appleton, who gave the Assembly's Criminal Justice and Public Safety Committee peti- tions she said were signed by 4,000 people. The signers "are opposed to the repeal or the weakening of our laws against immorality," the petitions said. "We urge our legislators to save our country with good moral laws instead of destroying it with legisla- tion that encourages immorality." ms Clarenbach said the law he wants changed has been the basis for 50 arrests in Wisconsin in the past five. years. In one case, a Wauwatosa police man was investigating a burglary at a home when he discovered "a man and woman making love," Claren- bach said. When the officer found out they were not married, he arrested them, Clarenbach said. He said his bill would protect mar- ried people, the unmarried and homo sexuals. He called opponents of the bill "the Anita Bryants of the world." Mrs. Locklin said the bill would encourage homosexuality, comment, ing, "I think Jesus loves everybody. I don't think He just loves homosexu- als." "Live and let live. Love and let love," Clarenbach told the commit tee. "You would be eliminating the total moral code of the State of Wis consin," responded Mrs. Locklin. Mrs. Locklin's testimony was questioned at length by several committee members, including Rep R. Michael Ferrall (D-Racine). "Should we give the police the power to enforce this law in every one's home?" Ferrall asked her. The Rev. Joyce Setzler, Prairie du Sac, backed the bill, saying, "Homo sexuals are persons of worth." 185 --- Isthm 8/10/79 SCC As the law now stands, homosexual lovemaking can result in a $5,000 fine and nine months in the county jail. So can oral sex between a married couple. State Rep. David Clarenbach wants to change this archaism and take the state out of the business of regulating sexual em- braces. His bill (A-514) would remove any penalties for the private sexual activities of consenting adults. Last Thursday, the Assembly Criminal Justice and Public Safety Committee held a hearing on this seemingly sensible measure-and you should have seen the bizarreness it uncorked. As a matter of course, most testimony before legislative committee falls within cer- tain predetermined paths. This includes the well-trod grounds of economy, good public policy, popular demand or local control. But Thursday all that went out the win- dow. The semblance of rational discourse that usually governs testimony gave way to religious absolutism and emotional excess. Lawmakers were told they should oppose the bill because God considered homosexuality an abomination, and that the destruction of Sodom and Gomorrah was evidence of his displeasure towards gays. God's liberal clerics, on the other hand, argued that Jesus was more concerned about spreading the gospel of love than with sexual orientation. The hearing even veered into the perverse when an Appleton woman, obviously ex- cited and none too articulate to begin with, rambled off into a 40-minute stream-of- consciousness discourse on godliness and sexuality. It was the stuff of an encounter session. To an observer, it appeared that the bill's opponents-most of whom seemed to be earnest and well-meaning-viewed homo- sexuals as they would Martians: foreign, incomprehensible and threatening. --- Rep. David Clarenbach Pe Loosening of state sex laws urged 8/4/79 United Press International A legislator, urging adoption of his bill permitting sex in private be- tween consenting adults, said Thurs- day the police beat should not in- clude the bedrooms of Wisconsin. "The government has absolutely no business investigating what goes on in the bedrooms of our state," Rep. David Clarenbach (D-Madison) told the Assembly Criminal Justice and Public Safety Committee. He said at a public hearing on his bill a Waukesha police officer, in- vestigating a report of a burglary last year, entered an apartment, found an unmarried couple involved in an act of sex and arrested them. "This can destroy peoples' lives, their reputations," he said "Every- body has a right to live and let live, to love and let love. That's what this bill is all about." The bill would permit sexual acts between consenting adults, regardless of their sex or marital status, as long as the acts are not in public or for any thing of value. A referendum on the bill was urg- ed by the Rev. Richard Pritchard of Madison, who led opponents of the bill. "Even though the practice of in- tercourse between unmarried con- senting adults in private is prevalent, I don't know whether this is something that we should say is legal," he said. "It isn't enough to say that these are consenting adults." The committee took no action on the bill. --- David Clarenbach --- こ Sex and obscenity bills await state Assembly By Thomas W. Still Of The State Journal If you're looking for sex and vio- lence in politics, the state Assembly is right up your alley. At least three bills dealing with ob- scenity, pornography or the sexual habits of consenting adults are pend- ing before committees in the Legisla- ture's lower house. So much for the sex. The violence (in polite circles, it's called "debate") is only a matter of time. Slated for review is the so-called "sexual privacy" bill championed in past years by Rep. David Clarenbach, D-Madison, who this session has passed the baton to a coalition of cler- gymen, law enforcement groups and unions. The legislation, introduced on a 9-2 vote by the Assembly Criminal Justice and Public Safety Committee, would legalize most sex acts between con- senting adults. Under the bill, fornication and acts of sexual gratification between con- senting adults would not be criminal unless performed in public or for money or anything else of value. The crime of cohabitation by un- married persons would be abolished, although adulterous cohabitation would remain a crime. Sex acts involv- ing persons younger than 18 would re- main illegal. The bill (AB-235) was introduced at the request of about 25 clergymen, mainly those from mainstream Protestant denominations. Heading the list is Bishop Marjorie Matthews of the United Methodist Church, a Sun Prairie resident and the only woman bishop in U.S. Methodism. Clergy from the Presbyterian, Uni- tarian Lutheran and United Church of Rep. Duren consin's obscenity law meaningless. "The Supreme Court has said the (obscenity) law is vague, and there- fore unenforceable," said Rep. Joanne Duren, D-Cazenovia, whose bill (AB-240) would try to define obscen- ity. Miss Duren said her bill would de- fine obscenity as something "the aver- age person, apply contemporary state standards, would find appeals to the prurient interest, if taken as a whole." Such material lacking literary, artistic, political or scientific value would be deemed obscene under her proposal. Those standards came from the Supreme Court decision, Miss Duren said. The court ruled the state's obscen- ity law invalid because it was "uncon- stitutional, overbroad" and provided "little or no guidance as to what peo- ple can or can not do." Furthermore, the court said, the law sought to apply local rather than state standards in defining pornogra- phy. "It's very controversial," Miss .Duren said of her bill, which is likely to draw fire on constitutional grounds. "But we have to come up with some sort of a bill. . . to control distribution of pornographic materials in this state." The second bill (AB-56) would de- fine obscene material and an obscene performance as a written work, pic- ture, sound recording, film or live ex- hibition before an audience which: • The average person, apply con- temporary state standards, would find appeals to the prurient interest if taken as a whole. • Describes or shows sexual con- duct in a patently offensive way. Lacks serious literary, artistic, political or scientific value if taken as a whole. That measure is sponsored by a bi- partisan group of 10 lawmakers, headed by Reps. Eugene Dorff, D-Kenosha, and George Klicka, R-Wauwatosa. Clarenbach said he thinks the anti- obscenity proposals are "far more broad than the old statute," and pas- sage by the Legislature only invites court action. "If the old law was bad, this one is worse," he said. Miss Duren, while highly critical of the sexual privacy bill, did not rule out the possibility of political trade-offs. "It (political trades) have been tried before and they will be tried again, but I think they are entirely dif- ferent, unrelated bills and should not be looked at together," said Miss Duren, who made clear her opposition to the sexual privacy bill. "(Sponsors) call it a sexual privacy bill; I call it a bill to legalize sexual perversion," she said. Clarenbach said he thinks the pros- pects for political horse-trading are dim. ---