1983 Assembly Bill 250 STATE OF WISCONSIN Date of enactment: May 5, 1983 Date of publication*: May 11, 1983 1983 Wisconsin Act 17 AN ACT to repeal 944.20 (3); to amend 343.06 (11), 343.30 (2d), 939.22 (24), 944.20 (2), 944.30 (2), 944.31 and 944.33 (1) (a) and (b); to repeal and recreate 944.15 and 944.17; and to create 944.01 of the statutes, relating to sexual activity between consenting adults. The people of the state of Wisconsin, represented in senate and assembly, do enact as follows: SECTION 1. 343.06 (11) of the statutes is amended to read: 343.06 (11) To any person who has been convicted of any offense specified under ss. 940.225, and 944.12 and 944.17 or adjudged delinquent under ch. 48 for a like or similar offense, when the sentencing court makes a finding that issuance of a license will be inimical to the public safety and welfare. Such The prohibition against issuance of a license to said the offenders shall apply forthwith immediately upon receipt of a record of such the conviction and such the court finding by the secretary, for a period of one year or until discharge from any jail or prison sentence or any period of probation or parole with respect to the offenses specified, whichever date is the later. Receipt by such the offender of a certificate of discharge from the department of health and social services or other responsible supervising agency shall, after one year has elapsed since said the prohibition began, entitle the holder thereof to apply for an operator's license. Such The applicant may be required to present the certificate of discharge to the secretary if the latter deems it necessary. SECTION 2. 343.30 (2d) of the statutes is amended to read: 343.30 (2d) A court may suspend or revoke a person's operating privilege upon conviction of any offense specified under ss. 940.225; and 944.12 and 944.17, when, if the court finds that it is inimical to the public safety and welfare for the offender to have operating privileges. The suspension or revocation shall be for one year or until discharge from prison or jail sentence or probation or parole with respect to the offenses specified, whichever date is later. Receipt of a certificate of discharge from the department of health and social services or other responsible supervising agency shall, after one year has elapsed since such the suspension or revocation, entitle entitles the holder thereof to reinstatement of operating privileges. The holder may be required to present such the certificate to the secretary if the latter secretary deems necessary. SECTION 3. 939.22 (24) of the statutes is amended to read: 939.22 (24) "Place of prostitution” means any place where a person habitually engages, in public or in private, in nonmarital acts of sexual intercourse, sexual perversion gratification involving the sex organ of one person and the mouth or anus of another, masturbation or sexual contact for any thing of value. SECTION 3m. 944.01 of the statutes is created to read: 944.01 Intent. The state recognizes that it has a duty to encourage high moral standards. Although the state does not regulate the private sexual activity of consenting adults, the state does not condone or encourage any form of sexual conduct outside the institution of marriage. Marriage is the foundation of family and society. Its stability is basic to morality and civilization, and of vital interest to society and this state. SECTION 4. 944.15 of the statutes is repealed and recreated to read: * Section 991.11, WISCONSIN STATUTES 1981-82: Effective date of acts. "Every act and every portion of an act enacted by the legislature over the governor's veto which does not expressly prescribe the time when it takes effect shall take effect on the day after its date of publication as designated" by the secretary of state [the date of publication must be within 10 working days from the date of enactment]. --- -2- 1983 Assembly Bill 250 944.15 Fornication. (1) In this section, “in public" means in a place where or in a manner such that the person knows or has reason to know that his or her conduct is observable by or in the presence of persons other than the person with whom he or she is having sexual intercourse. 16 (2) Whoever has sexual intercourse in public or whoever has sexual intercourse with a minor who is years old or older but younger than 18 years old and who is not his or her spouse is guilty of a Class E felony. SECTION 5. 944.17 of the statutes is repealed and recreated to read: 944.17 Sexual gratification. (1) In this section, "in public" means in a place where or in a manner such that the person knows or has reason to know that his or her conduct is observable by or in the presence of persons other than the person with whom he or she is having sexual gratification. (2) Whoever does any of the following is guilty of a Class A misdemeanor: (a) Commits an act of sexual gratification in public involving the sex organ of one person and the mouth or anus of another. (b) Commits an act of sexual gratification with a minor who is 16 years old or older but younger than 18 years old and who is not his or her spouse, involving the sex organ of one person and the mouth or anus of another. (c) Commits an act of sexual gratification involving his or her sex organ and the sex organ, mouth or anus of an animal. (d) Commits an act of sexual gratification involving his or her sex organ, mouth or anus and the sex organ of an animal. SECTION 6. 944.20 (2) of the statutes is amended to read: 944.20 (2) Publicly and indecently exposes a sex organ; of. SECTION 7. 944.20 (3) of the statutes is repealed. SECTION 8. 944.30 (2) of the statutes is amended to read: 944.30 (2) Commits or offers to commit or requests to commit an act of sexual perversion gratification, in public or in private, involving the sex organ of one person and the mouth or anus of another for any thing of value. SECTION 9. 944.31 of the statutes is amended to read: 944.31 Patronizing prostitutes. Any person who enters or remains in any place of prostitution with intent to have nonmarital sexual intercourse or to commit an act of sexual perversion gratification, in public or in private, involving the sex organ of one person and the mouth or anus of another, masturbation or sexual contact with a prostitute is guilty of a Class A misdemeanor. SECTION 10. 944.33 (1) (a) and (b) of the statutes are amended to read: 944.33 (1) (a) Solicits another to have nonmarital sexual intercourse or to commit an act of sexual perversion gratification, in public or in private, involving the sex organ of one person and the mouth or anus of another, masturbation or sexual contact with a person the solicitor knows is a prostitute; or (b) With intent to facilitate another in having nonmarital intercourse or committing an act of sexual perversion gratification, in public or in private, involving the sex organ of one person and the mouth or anus of another, masturbation or sexual contact with a prostitute, directs or transports the person to a prostitute or directs or transports a prostitute to the person. --- On, Wisconsin An Editorial Sexual laws invade your privacy If someone asked about your sex life or, you're married, asked what you and your spouse do in bed, you'd probably snap: "None of your business!" Yet, that is the public's business in Wis- consin under an archaic state law that puts the government, legally, into bed with you. Such disgusting invasion of personal privacy would be intolerable if the law were consist- ently enforced. Fortunately, it seems about to be repealed in a bill that has passed the Assembly and is likely to clear the Senate. Of course, the opponents will put up a strong fight. They see repeal as the condoning of sin and the encouragement of homosexuality. - Their sentiments may be heartfelt but their case is weak even on religious grounds. Churches and clergy have lined up on opposite sides of the issue. The bill would remove the tough criminal sanctions against noncommercial sexual acts of consenting adults in private. Whatever one may think of such acts onnmoral grounds, the government simply has no busi ness intruding the criminal justice system into such matters. The bill would not legalize sexual assault and similar predatory acts, sex acts in public or with a minor, and prostitution. Those would remain illegal. So would adultery (that is, when at least one sex partner is married to someone else). - Repeal would mean elimination of two of the most widely ignored legal prohibitions cohabitation and sex between single per- sons. Why bother to repeal a law that is ig-` nored anyway? As Madison Police Chief David Couper put it, retaining the statute makes "a mockery of the justice system and a mockery of our laws." Or, as one Republi- can legislator noted, the central issue is the “right to privacy." Milw Journal 4/24/83 prasies 3 留 443 --- Capitol report 1 t Wisconsin State Journal Wednesday, May 4, 1983, Section 1, Page 4 Senate passes sex bill By Paul A. Rix State government reporter A bill legalizing private, non-com- mercial sex acts between consenting adults and reaffirming the penalty for cohabitation with 16- and 17-year-olds was passed Tuesday by the Senate. * The bill, approved, 20-13, is op- posed strongly by the Moral Majority and was attacked on the floor by Re- publican senators Walter Chilsen of Wausau and David Opitz of Port Washington, who said lawmakers were "not encouraging marriage"." and were "succumbing to the pres- sures of special interest" groups. A surprise amendment to the bill, offered by Sen. Donald Hanaway, .R-De Pere, would reclassify some elements of Wisconsin's sex laws, but does not appear to jeopardize pas- sage. 5" Hanaway's proposal, to be consid- Kered Thursday in the Assembly, would make sexual intercourse "in public or whoever has sexual inter- course with a minor who is 16 years old or older, but younger than 18 years old and who is not his or her spouse" guilty of a Class E felony sub- ject up to two years in prison. Current law allows a felony, charge against an adult having sexual relations with a 16 or 17-year-old. The bill as passed by the Assembly April 21 provided for a misdemeanor instead of a felony. if " · Rep. David Clarenbach, D-Madi- son, sponsor of Assembly Bill 250, pre- dicted swift endorsement of Han- away's amendment. "We're not de- bating the whole bill again," Claren- bach said. Gov. Anthony Earl has said he would sign the bill if it gets to his desk. T. Under current law, only inter- course between married people is legal in Wisconsin. Other acts of sex- ual gratification, regardless of the marital status of those involved, are illegal, . *Leaders of the Moral Majority have charged the bill would help rot the character and morals of the citi- zens of Wisconsin. They said it would encourage homosexuality and lead to the spread of disease. 1 "Even the homosexual community 'is scared. It's not scare tactics from the outside." Chilsen said passage of the bill would be one of "the most irresponsi- 'ble things" the Legislature has done since he was elected 17 years ago. He challenged proponents who have said .government should not attempt to regulate what occurs in the privacy of bedrooms. Chilsen, cited a brief analysis by the state Department of Health and Social Services which indicated that" in 1981 only one offender was placed on probation for sexual perversion and one for fornication. "This is hardly government. being in the bedroom," the senator said. Clarenbach has said 26 other The Rev. Richard Pritchard, pas- states have similar legislation against for of the Heritage Congregational state regulation of private sexual Church in Madison; said warnings. ' acts. The measure legalizes fornica- about disease control have come mainly from the nation's medical community "not just me and the Falwell types." (The Rev. Jerry Fal- well is the founder of Moral Majori- ty.) - ("I can't understand how the As- sembly or the Senate could rush., "through a bill like this without giving it further thought in the light of new evidence that has surfaced about le- thal diseses linked to the homosexual lifestyle and sexual promiscuity," Pritchard said. Tsyr + * tion, cohabitation and oral sex, but re- tains legal sanctions against adultery, rape, prostitution and sexual bestial- ity. . ཝཱ་ Legislators did add a statement apparently aimed at softening criti- cism of the measure. "The state recognizes that it has a duty to encourage high moral stand- ards," according to an amendment adopted two weeks ago by the Assem bly. · "Although the state does not regu- late the private sexual activity of con- senting adults, the state does not con- done or encourage any form of sexual conduct outside the institution, marriage. "Marriage is the foundation of family and society," according to the amendment. "Its stability is basic to morality and civilization, and of vital interest to society and this state.". Here is how. the state Senate voted: Democrats for: Adelman, Ba- blitch, Cullen, Czarnezki, Feingold, George, Lee, Moen, Norquist, Offner, Risser, Strohl, Thompson (13). Democrats against: "Kincaid, Kleczka, Maurer, Otte, Roshell, Van Sistine (6). Republicans for: Davis, Engeleit-" _er. Hanaway Johnston Largo อ --- 4.3%13 THE MILWAUKEE JOURNAL Sunday, April 24, 1983 Milwaukee Journal Accent on the News, Page 14 STAT YOU MEAN ACTUALLY GET OUT? AND LET THEM DO ANYTHING THEY WANT? CONSENTING ASSEMBLY BILL --- 0 Earl signs consenting sex act bill By Paul Fanlund 3 State government reporter Gov. Anthony Earl signed into law Thursday evening a bill to legalize most non-commercial sex acts be- tween consenting adults in the state. * Earl received the bill Thursday af- 1 *ternoon from the Assembly, which gagreed to a Senate amendment on a ✓ voice vote. The Senate passed the bill 20-13] Tuesday. The Assembly passed it 56- 241 last week. The bill legalizes cohabitation, for- >nication, and various types of sexual activity that were technically against the law even for married couples. It does not affect the laws against adultery, prostitution or sexual as- sault. The measure (Assembly Bill 250) "was championed by Rep. David Clarenbach, a Madison Democrat who had tried for nine years and five, legislative sessions to get it passed.. * He said Thursday, "I think it (pas- sage) reaffirms the willingness of the Legislature to endorse privacy rights. Wisconsin State Journal Rep. David Clarenbach. ' "I also think it shows a general trend that policy makers in Wisconsin are willing to take some political risks to confront the Moral Majority on their own turf · - the (question of) religious and moral obligations of government to enforce religious tenets." . _ The bill was fervently opposed by the Moral Majority, a conservative - religious organization. The Rev. Rich- ard Pritchard, pastor of the Heritage 5/6/83 Congregational Church in Madison, argued vehemently in recent days against passage. . In the Assembly Thursday, mem- bers voted 30-64 against a motion to reject the Senate-passed amendment, then gave voice-vote approval to the change, an action which completed legislative review and sent the bill to the governor. The amendment, by Sen. Donald Hanaway, R-De Pere, increased penalties for sexual acts committed in public and sex with minors..“ Clarenbach said during floor de- bate that Hanaway's proposal was in- tended to complicate the bill, adding the Assembly should not let contro- versy over that provision block the repeal of other laws. .. . would be condoning immoral behav- ior. 2 An amendment to the bill added in the Assembly earlier established an official state policy favoring sexual relations only with one's spouse. The provision was apparently aimed at re- lieving part of the pressure against passage. "Although the state does not regu- late the private sexual activity of con- senting adults, the state does not con- done or encourage any form of sexual conduct outside the institution of marriage," the amendment said in part. "Marriage is the foundation of family and society." Clarenbach said the difference this year compared to other sessions was the "near unanimous endorse- ment by mainstream religious lead- ers of Wisconsin.” " A range of individuals and groups supported the bill, including law en- forcement experts, the League of He added, "That and that alone Women Voters and several major religious organizations. A frequent, created the politial security for legis- complaint of those groups was that lators to vote their consciences. A laws that were removed by the bill vast majority of legislators recog- have been selectively enforced.. nized the absurdity of the current sex laws.". Opponents contended the state " ' --- THE CAPITAL TIMES, Wednesday, May 4, 1983 Sexual consent bill target 4 17. of latest Pritchard crusade By ARTHUR L. SRB The Associated Press During a lifetime of crusading for civil rights, Rev. Richard Pritchard has taken his share of risks and abuse, picketing with blacks in Ala- bama, marching with Martin Luther King in Washington, D.C. Back home, Pritchard helped push through Madison's Equal Opportuni- ties Commission and campaigned for open housing and emerged as a leader among liberals in this com- munity of 170,000. But the liberals who were once his allies are now on the other side of the political fence from him, Pritchard is a leading opponent of a legislative bill to legalize most non- prostitution sex acts between con- senting adults. "Sometimes I think it is easier to be a missionary away from home," Pritchard said in an interview. A The graying, 69-year-old pastor also has drawn the ire of many lib- erals for his campaign against top- less bars and massage-sex parlors. The sexual consent measure has consumed his attention of late, pit- ting the Protestant clergyman against State Rep. David Claren- , bach, an influential Madison Demo-. crat, and against Gov. Anthony S. Earl, 2.s. Earl recently created à Council on Richard Pritchard Lesbian and Gay Issues, telling its members the state supports them in their fight against discrimination. _ Pritchard lost a fight in the Legis- lature a year ago when a gay-rights bill was enacted to forbid discrimina- tion in housing, employment and pub- lic accommodations on grounds of sexual preference. ཏཾ དམགཝཱ homosexual, and I have told Gov. "I would not hire a practicing Earl that," he said, likeṇing homosex- Quality to "leprosy" and citing the haz- ards of AIDS (acquired immuno-defi- ciency syndrome), a lethal afflication which physicians say is spreading among homosexuals. "I will go to jail as a matter of principle before I will hire a homo- . sexual who insists on practicing he said. Clarenbach, 28, who is deputy As- sembly speaker, said Pritchard's stand against lesbians and gays has "really affected his credibility" with liberals. ✓ Pritchard has also lost support of some fellow clergymen, Pritchard said. "I find the mainline church pastors "stand-offish on it," he said. Pritchard distinguishes between the preference for and the practice of homosexuality. Persons should not be discrimi- nated against for their sexual prefer- ences as long as they do not actively practice homosexuality, he said. .. Pritchard, pastor of Heritage Con- "gregational Church, said sex is a God- given gift that is to be enjoyed in marriage. "The church is wrong when it treats sex as evil," he said."Our sex- ual nature is really when we are most God-like, both creative and loving." Pritchard said he is still fighting battles for equal opportunities, and would like to devote more time to 'what he views as a lessening of educational standards in the schools. But he is determined to see the bat- tle on unwed sexual consent through. "I would like to get off this kick," he said. "But I don't want to leave it in mid-air. That's what the other side wants." Assembly OK of amended sex bill seems sure * The Associated Press "A bill to legalize most nonprostitu- tion sex acts between consenting adults moved Tuesday to within a sin- gle legislative step of being passed and sent to Gov. Anthony S. Earl. The Senate approved the bill 20-13 and forwarded it to the Assembly for agreement to an amendment offered by Sen. Donald Hanaway, R-De Pere.. The bill's sponsor, Rep. David Claren- bach, D-Madison, predicted the amendment would be. endorsed quickly by the Assembly. The bill would legalize such activi- ties as fornication, cohabitation and oral sex. It would retain legal sanc- tions against adultery, rape, prostitu- tion and sexual beastiality. allow police to charge an adult en- gaging in sexual activities with some- one 16 or 17 with a felony, whether the act was with the child's consent or not. … 6. Hanaway, who supported the bill on *passage, said his amendment would give a district attorney the right to move against a 40-year-old who might "intimidate" and take advan- tage of a youngster. • ! ** Current law allows a felony charge against an adult having sexual rela- tions with a 16 or 17 year old. But the bill as passed by the Assembly pro- vided for a misdemeanor instead of a felony charge. 善 Earl's press secretary, Ronald McCrea, said the governor was pre- Hanaway's amendment would pared to sign the bill as soon as it reached his desk, possibly Thursday. Here is how the Senate voted on the Issue: * Democrats for: Adelman, Bablitch, * Cullen, Czarnezki, Feingold, George, Lee, Moen, Norquist, Offner, Risser, Strohl, Thompson (13). Democrats against: Kincaid, Kleczka, 'Maurer, Otte, Roshell, Van Sistine (6). Republicans for: Davis, Engeleiter, Hanaway, Johnston, Lorge, Lorman, *Theno (7). S Republicans against: Chilsen, Ellis, Harsdorf, Kreul, Lasee, McCallum, Opitz (7) i vi NOBODY COVERS HOME LIKE THE CAPITAL TIMES To subscribe, call 252-6363 ho --- THE CAPITAL TIMES, Friday, May 6, 1983 - 29. Earl signs consenting sex bill The Associated Press Gov. Anthony S. Earl has signed ·legislation to legalize most, private. noncommercial sexual activity be- tween consenting adults in Wisconsin - and Earl predicted it would not change anyone's behavior. "A young man or woman who has been very straight is not going to have license" to do anything immoral because of the bill, Earl said after a brief signing ceremony Thursday.. He said. the new legislation "squares with reality," while existing law was a reflection of social mores that a vast number of people didn't subscribe to. Earl said Rep. David Clarenbach, D-Madison, who pushed for, enact- ment of the legislation for years, de- served special commendation for his dedication.. "I think this moment is a genuine tribute to Dave Clarenbach,” Earl said. $ The bill legalizes cohabitation, for- nication and various types of sexual: activity that have been' technically against the law, even. for married. couples. It does not affect laws against adultery, prostitution or sexual as- sault. Earl also signed a bill Thursday to speed conversion of a six-story Mil- waukee warehouse into a 200-inmate, medium-security state prison. The bill allows the state to immedi- ately begin planning and other pre- liminary work for the $13.6 million conversion of the former Trostel tan- nery. The brick building has been used most recently as a warehouse. and is located near the former Jos, Schlitz Brewery complex on the city's near North Side. Neighbors of the Trostel site have mounted a court challenge against the project, and Circuit Judge Rich- ard Bardwell of Madison has issued a $ contempt citation against Linda Rei- vitz, secretary of the Department' of Health and Social Services, for violat- ing a court order against buying the tannery property pending develop- ments in the court case. Earl said he was hopeful construc- tion on the Trostel project could. begin early next year. "I strongly believe that my princi-. pal responsibility and the Legisla- ture's principal responsibility right now, is to ensure that we get more correctional spaces on line as quickly as possible," Earl said. 1 The Assembly, meanwhile, passed a bill to provide former University of Wisconsin President John C. Weaver with $11,600 a year extra in retire- ment benefits. The vote was 63-29 and the bill now goes to Earl for his signature. Weaver, who was six months short'. of being eligible for a pension at the University of Missouri, had been of- fered a deferred compensation agreement by the UW Board of Re- gents when he was approached for. the UW job in 1970. The attorney general later held the plan to be illegal, and Weaver asked the Board of Regents not to consider any additional compensation pack- age for him. He changed his mind after his re- tirement, however, and the bill was a result. --- 姿 Earl signs bill on sex acts Journal Madison Bureau Madison, Wis. - A bill to legalize most sex acts between consenting adults was signed into law Thursday by Gov. Earl. . The governor's signature on Assembly Bill 250 came several hours after the last hurdle was scaled when the State Assembly agreed with a Senate amendment. The signing also signaled the end of an eight- year effort by Rep. David Clarenbach (D-Madison) to liberalize laws that concededly had not been enforced. In the earlier legislative sessions, Clarenbach was almost alone in his quest for changes in the law. The last amendment, given voice-vote approval by the Assembly, was offered by Sen. Donald Hanaway (R-De Pere). The amendment makes Milw Journal 5/6/83 fornication between 16- or 17-year-olds a felony rather than a misdemeanor. The bill legalizes non-commercial sex acts by consenting adults. The crime of cohabitation is abolished. The bill says that acts of fornication or sexual gratification between consenting adults are not criminal unless they are performed in public or for anything of value. Criminal laws prohibiting involuntary sexual assault, adultery and prostitution will remain in the statutes. At his news conference Thursday, Earl said he had received “a relatively modest amount" of mail opposing the legislation. He said he did not doubt the sincerity of those opposing the bill, but that they "do not necessarily represent a broad-based view." 2 AQ 0 --- Milwaukee Journal STATE SENATE OK'S SEX BILL THIE MILWAUKEE JOURNAL Thursday, May 5, 1983 AW, I DUNNO, MARGE! SINCE THEY'RE MAKING ALL THOSE THINGS LEGAL - IT SORTA TAKES THE FUN OUT OF IT! Page 14, Part 1 --- MILW Jint 593 Your bedroom now a safer place Editorial 1} "Gov. Earl and lawmakers now have sensibly removed the state from the bedrooms of Wiscon 1 sin's citizens. 41 ་ ་ The Legislature passed a bill, which Earl quickly signed into law, to repeal the archaic, meddlesome statute that permitted the law-enforcement and criminal-justice systems to pry into and punish the private, noncommercial sexual activities of con- senting adults. The law not only dealt with the sexual conduct of single persons, but also put the state in the marriage bed. The sensible repealing legislation is long overdue. Much credit is due State Rep. David Clarenbach (D-Madison), who waged a long battle for passage, +4.7 The old law lacked consistency of enforcement, but it was a threat that prosecutors could use often against women _ to obtain information about other matters. In addition, because it forbade cohabitation defined as persons of the opposite - - 'sex living together under circumstances that im- plied sexual intercourse the law often discour- aged battered partners from filing criminal com- plaints against their abusers. - - There is no question that many citizens sin- cerely motivated by moral or religious feelings oppose the new legislation. To them, the measure condones sexual promiscuity and encourages homosexuality. However, private moral and reli- gious condemnation of sexual practices is one thing; application of criminal sanctions is quite another. The state is well out of this busybody- with-handcuffs business. WANT MILW. JOURNAL Monday, May 9, 1983 BUSYBOD LAW ENFORCEMENT WISCONSIN ABOLISHES COHABITATION LAW RA да продавам Page 8, Part 1: GOBES THE MILWAUKEE JOURNAL 'Good Grief! Now we'll have to start doing real police work!' .to --- David Clarenbach ISSUES & COMMENT THE CONSENTING ADULTS BILL - Bill History: AB 250 was introduced by the Assembly Committee on Criminal Justice and Public Safety and recommended for passage on a bipartisan vote. (Identical legislation has been introduced the past two successive sessions by this committee and the Senate Human Services Committee at the request of over 50 members of the clergy, religious and law enforcement groups and individuals. Previously, the bill has passed the Senate and came within one vote of passage in the Assembly last session. Both former Governor Dreyfus and Governor Earl have indicated support for this initiative. Scope of AB 250: Decriminalizes a limited number of private acts. The bill: [1] Repeals the cohabitation statute, Wis. Stats. 944.20(3), with respect to adults. [2] Adds the words in public to the fornication statute, Wis. Stats. 944.15. [3] Recreates the perversion statute as a sexual gratification statute, adding the words in public to Wis. Stats. 944.17(1)(a). [4] Repeals the part of the drivers license statutes, Wis. Stats. 343.30(2)(d), making it no longer possible to deny a license due to conviction under 944.17. . What AB 250 Does NOT Do: Doesn't decriminalize any sexual acts done for pay (prostitution). This bill does not repeal the adultery statute. The current laws on sexual assault continue to apply to all non-consenting sexual acts. All sexual acts between an adult and minor (not the person's spouse) remain criminal. Sexual activity with animals remains criminal. National Support for Sex Law Reform: Similar legislation has been enacted in 25 states, including Alaska, California, Illinois, Indiana, Iowa, Nebraska, New York, North Dakota, Ohio, Oregon, Pennsylvania, South Dakota and Vermont. Many other states have never had cohabitation statutes. The model penal code of the American Bar Association contains no criminal sanctions for private sexual acts between consenting adults, and recommends their repeal where they do exist. The American Bar Association, the American Federation of Teachers, the American Medical Association, the American Psychiatric Association and the National Association of Social Workers support the concept of decriminalization. (MORE) OFFICE OF THE SPEAKER PRO TEM 422 NORTH, STATE CAPITOL MADISON, WI 53702 608-266-8570 --- 2 - Many of the country's largest corporations, including AT&T, IBM, Bank of America, Procter & Gamble, McDonald's, Honeywell and Citicorp, have adopted written policies that guarantee employes' right to privacy in their sexual activity. Three higher courts in the United States have found statutes prohibiting sexual behavior between consenting adults to be an unwarranted invasion of privacy under the U.S.. Constitution - in New Jersey, Pennsylvania and New York. The New York Supreme Court at Rochester, ruled that Personal sexual conduct is a fundamental right protected by the right of privacy. because of the transcendental importance of sex to the human condition, the intimacy of conduct, and its relationship to a person's right to control his or her own body. Wisconsin and the Law: A 1977 study of the cohabitation statute by University of Wisconsin Law Professor Martha Fineman shows that 73% of Wisconsin district attorneys concurred that cohabitation is not a matter which can or should be addressed by criminal sanctions or the criminal justice system. Only 14.5% thought cohabitation should be addressed by the criminal justice system. Yet, each year Wisconsin adults are prosecuted for cohabitation and for sexual acts performed in the privacy of their own home. Last year, Clark Norton in an article entitled Sex in America: An Outlaw's Guide stated that Wisconsin has the national reputation as the forerunner in the field of nabbing fornicators. Some of the statewide organizations that have endorsed the repeal of these archaic laws are the United Ministry in Higher Education, League of Women Voters, Wisconsin Women's Network, Wisconsin Council on Human Concerns, Wisconsin Federation of Teachers, Wisconsin Chapter of the National Association of Social Workers and Wisconsin AFSCME. Some Statements of Support for Assembly Bill 250: sex are League of Women Voters: The League of Women Voters of Wisconsin urges passage of this law reform legislation...The current statutes enforced in an arbitrary and capricious manner...Aggressive enforcement of this law as it applies to private acts of consenting adults implies the necessity of gestapo like tactics and raises the questions of whether or not privacy rights would be infringed by such enforcement. - Rodney A. Zemke, District Attorney of Eau Claire County and Former President of the Wisconsin DA's Association: 1 heartily endorse your proposed changes regarding sexual activity between consenting adults. Bishop Marjorie S. Matthews, the United Methodist Church of Wisconsin: / feel this is much needed and warranted legislation. 1 do support its enactment in the state of Wisconsin. (MORE) A mog --- 3 - Former Governor Lee Dreyfus (in an interview with The Capital Times): / have seen a change in society's standards in my lifetime and the law ought to conform with societal standards. There's no sense in having a law that doesn't, and is therefore unenforceable. It's time for a realistic change. The Rev. Dale Coleman, Grace Episcopal Church, Madison: In spite of my concern about the breakdown of any concensus in our culture about morality, and my fairly conservative moral views in the Christian church, I think a greater danger would come from giving the State police powers to enforce any strict moral code from any religious persuasion. Chief David Couper, Madison Police Department: Private sexual behavior is another area in which we do not really mean what we say... Most of us can conclude the energies and resources of the police can be better used elsewhere. The Rev. Paul Flucke, Plymouth United Church of Christ, Milwaukee: / support this legislation out of a concern, first, for morality; second, for law; and third, for freedom. Dr. Lawrence A. Sinclair, Chairperson, Department of Religion, Carroll College: It is dangerous for any government body to legislate morality and infringe on the privacy rights of individuals. Some of the Editorial Support for Consenting Adults Legislation: Chance to slam the bedroom door... The Wisconsin Assembly has another chance to approve a bill that would remove criminal sanctions on private, noncommercial sexual acts between consenting adults. Representatives should grasp the opportunity. The Milwaukee Journal, April 5, 1981. Criminal definitions of sex... The state doesn't belong in anyone's bedroom. The Post Crescent has said so editorially for a long time. It's past time for Wisconsin legislators to enact enforceable laws and discard the outmoded one that never should have passed anyway. The Appleton Post Crescent, April 23, 1981. - It's not state's job to regulate sexual morality... Twenty five states have passed consenting adults laws and society has not come apart at the seams. Wisconsin should follow suit. Wisconsin Rapids Daily Tribune, March 7, 1981. Deregulating sex... It's still impossible to legislate moral concensus or to make official designation of right and wrong. Public laws fare better in less private areas. The Janesville Gazette, March 12, 1980. Unnecessary nuisance...It is time our legislators stood up to these threats to our first amendment freedoms and revamped our sex laws. The Milton Courier, May 14, 1981. Out of the bedrooms, snoopers... Why is it that the same people who want to get government off our backs are so reluctant to cast off one of the most intrusive state laws on the books? The Capital Times, May 1, 1981. 7 --- In Wisconsin GayLife 4/7/83 Testimony on consenting adults bill By Paul Cotton A comprehensive bill to legalize sex between consenting adults could be up for another close vote in Wisconsin's House of Representatives as soon as April 19.` M The bill passed the Senate last year, "but failed in the House by one vote. A March 31 joint Senate-House committee hearing on the bill was much shorter than expected. "It was a much tamer hearing than we've had in the past," said Rep. David Clarenbach (D- 96, Madison). "That's a very hopeful sign. In the past, the Moral Majority has bused in hundreds of people. The galleries were packed full of literally Bible-thumping Christians. The fact they were able to genèrate, during Holy Week, only a handful of people indicated the (political furor has subsided." "But it will still be a very close vote," continued Clarenbach. "I can't overemphasize that. It's now or never for letters and phone calls from constituents round the state. Thirty- two of the 99 legislators are freshmen. They're more enlightened on issues, but far more politically insecure, and therefore more timid, and in desperate need of contact from Constituents The bill, numbered A.B, 250, would repeal on page Consenting adults bill 417 Continued from page 1, Wisconsin's cohabitation law against "openly associating or living together under circum- stances that imply sexual intercourse"; legalize all private sex between consenting adults;" replace the term "sexual perversion" with; "sexual gratification" in laws against prosti- tution, sex with minors and animals, and public sex; and repeal a law making it possible to take away a driver's license for a perversion conviction. Wisconsin's Moral Majority president Harley Keck was one of the first to testify against the bill at the hearing. ".. مان "There's a difference between fairness and justice," said Keck. "If we want fairness we go down the line and ask each man's conscience. But where we establish justice we reach to God. I submit to you it may be fair to pass this bill. but it is not just.' ** God and/or family were mentioned by all those testifying against the bill, with statements like "I've been called by God to come here," "Right is right, wrong is wrong," "To separate morality from religion you have nothing," and even "I come to thee." " "Your children are going to get involved in this, you're going to suffer if this bill passes," said Larry Moodie, a Baptist minister from Stevens Point. "The Bible says to flee fornication. Fornication is sin, and sin always breeds bondage, not freedom.' " "The Bible has been brought up many times today," responded Darla Jean Kashian of Milwaukee. "But in this country we have freedom of religion." L William Lincoln, of the Wisconsin Associ- ation of Christian Schools, said passing A.B. 250 "would establish as public policy that this is acceptable conduct. It is one more step towards the moral decay of our society." "Criminal sanctions against private con- * sensual sexual activity do not protect the moral fiber of society," countered Wisconsin Civil Liberties Union executive director Eunice Edgar. "Rather, it brings it down by giving prosecutors, landlords, social workers, quar- reling neighbors, and angry partners in the throes of divorce an opportunity to blackmail their clients or protagonists." Edgar cited threats of prosecution against mothers seeking welfare unless they name the father, Milwaukee police officers having their colleagues fired for cohabitation, threats by landlords to expose cohabitating couples- * "heterosexual couples as well as homosex- ual" and one instance where a Fond du Lac ' social worker had an unmarried couple jailed overnight after they applied for a rent subsidy. "More than 90 prosecutions for cohabitation spread over a dozen counties in Wisconsin have * occurred within a five-year period (1973-1978); in most cases the charges were made against the poor and the young," testified Edgar. 3 $2 "These laws sanction the hate in our society I and punish the lovers," she said. Rev. Richard Pritchard of the Heritage Congregational Church in Madison predicted the bill's passage "would result in a mush- rooming of venereal diseases." **Pritchard said the consenting adults provision "is neither a safe nor sufficient criteria."- "Would you permit consenting gladiators? Consenting suicide?" asked Pritchard. Pritchard also compared homosexuals 'to alcoholics. "Both get very angry when confronted with * their condition as a disease that should be treated. Homosexuals are not born into their condition, so they should not be treated as other minorities," said Pritchard. k Wisconsin passed this country's first statewide gay rights law last year.. James Rudolph of Milwaukee's East Side Republican Club said that without passage of A.B. 250, the gay rights law is not sufficient protection. "It's like a pond that has a big sign saying 'Fishing Allowed,' but in very small print saying, 'but don't let us catch you dipping your hook.' --- Wisconsin State Journal, 4/20/83. Bill to legalize more adult sex acts advances By Richard Eggleston Associated Press + .A bill to legalize non-commercial sex acts between consenting adults received preliminary approval Tues- day in the Assembly following a de- bate that tended to deviate from the issue. Legislators cut off amendments to the bill, 55-42, after considering topics ranging from whether sexual rela- tions should be forbidden in vans and campers parked at Milwaukee County Stadium to whether a person can perform an act of prostitution with his or her spouse. Rep. David Clarenbach, D-Madi son, the bill's sponsor,, who has also sponsored gay rights legislation, com- plained about the 13 attempts to amend his latest measure. He said the proposed amendments would simply duplicate existing law or would make frivolous distinctions in activities that are already illegal. Clarenbach's bill was supported by the League of Women Voters and sev- eral church groups. #3 It would legalize acts of fornica- tion or sexual gratification between consenting adults as long as they are performed in private and no money is * exchanged. . It would eliminate the crime of co- habitation living with a person of - the opposite sex who is not one's spouse under circumstances which imply sexual intercourse. Indecent acts committed in public, adultery, sexual assault, beastiality, sex with minors and prostitution would still be illegal. At a news conference after the As- sembly debate, Gov. Anthony Earl said he would sign the bill if it was the same measure that was defeated 50- 49 by the Assembly in the 1981-82 legislative session. The measures are virtually identi- cal. The Assembly amended Claren- bach's bill to add a statement of pur- pose recognizing the state has a duty to encourage high moral standards and does not condone extra-marital sex. > Two amendments proposing the issue be put to voters in a statewide referendum were rejected after sev- eral legislators said the Legislature would be abdicating its responsibility. "I think we ought to swallow hard and do the voting the people put us ** here to do," Rep. John Manske, R Mil- ton, said. . : 1 "Are we going to shirk our respon- sibilities every time a tough question. comes up?" Rep. William Kasten,. R-Mosinee, a freshman legislator, asked. The Assembly also balked at re- taining the crime of cohabitation when one of the parties is 16-18 years old, restricting the bill to individuals, who hold valid marriage licenses or limiting the types of activities that· can occur in campers. Rep. Cloyd Porter, R-Burlington, sponsor of the camper and van amendment, said he wants to restrict sex in vehicles to those parked at recognized campgrounds. Otherwise, he said, tailgate parties at Milwaukee Brewers games could: become indecent. His amendment was rejected 80-17. + --- Assembly endorses bill permitting cohabitation Madison By Neil H. Shively Sentinel Madison Bureau 2+ Cohabitation no longer would be a crime and private sexual acts between consenting adults would be legalized under a bill endorsed by the State Assembly Tuesday. The house voted preliminary approval, 55-42, but the measure was blocked procedurally, 50-47, from moving to the passage stage. It will be considered again Thurs- day. 4/20/83 •Mil. Sent The bill does not change statutes relating to sexual ¸acts in public, prostitution, sex with minors or bestiality. Gov. Earl said at a news conference Tuesday that he would sign the bill if it passed the Assembly and the Senate. i. "If it is the same bill that was debated last session and emerges in much the same shape . I would (sign it)," Earl said. : An amendment to require a statewide referendum on Cohabit Turn to Page 4 Cohabitation bill endorsed Cohabit the question was rejected, 60-37. l From Page 1 * Rep. David E. Clarenbach (D-Madison), the bill's chief sponsor, has pushed similar legislation the past five sessions, and last year won approval, 50- 49, by the Assembly. 1 * He said similar legislation had been enacted in - schoolchildren and other visitors during the de- bate. Rep. Sheehan Donoghue (R-Merrill) introduced some guests from her area, and told the Assembly "the ladies are finding it fascinating (to learn) where they can and can't do all these things." Clarenbach said the cohabitation legalization was most important because that law was "more frequently enforced or prosecuted" than others. 25 other states, but that many others, including damage to people," he said. "It's more important because it does more real southern states, never outlawed cohabitation. The bill has wide support among church groups, but is opposed vehemently by the Rev. Richard · Pritchard of Madison's Heritage Congregational Church. He distributed warnings to lawmakers about "the tragedy of San Francisco (Calif.)" and homosexuality 415 * - Nineteen of the 23 women in the Assembly vot- ed for the bill, but the support was not that strong on the procedural question." 82 Clarenbach said, the main purpose of the bill was to abolish the crime of cohabitation, and to legalize private sexual acts, including homosexual- ity, which was classified in the law as perversion. 519 Rep. David T. Prosser Jr. (R-Appleton) led the opposition with amendments he said were needed to close loopholes. · Legislators rejected amendments to specifically prohibit sexual approaches in restrooms and in recreational vehicles parked at places like the parking lot at County Stadium. * . "You could have sex in the Brewers' parking lot," said Rep. Cloyd A. Porter (R-Burlington), referring to vehicles in the lot for tailgate parties. ** Rep. Joseph E. Tregoning (R-Shullsburg) want- ed to make it a misdemeanor to offer sex in a rest- room. Assembly galleries were about half full of · Cohabitation still would be illegal if one or both of the partners was married to someone else. It also would be illegal for minors 16 to 18 to coha- 'bit. --- 0 ' 34 THE CAPITAL TIMES, Wednesday, April 20, 1983. Private sex gets Assembly OK By MATT POMMER Capital Times Staff Writer illegal." State Rep. David Clarenbach, D-Madison, floor leader for the bill, A bill legalizing private, non-com-said 26 other states have similar mercial sexual acts between consent-. legislation against state regulation of ing adults- - a bill bitterly opposed by private sexual acts. the Moral Majority won prelimi- nary approval in the Assembly Tues- day. The bill also legalizes cohabita- tion. The measure, which had been de- feated last year in the Assembly by: one vote, passed the amendment stage on a 55-to-42 roll call vote. Nineteen of the 23 women in the As- sembly voted for the bill, while 36 men voted for it and 38 opposed it. ✓ Later he told reporters he thought he had a "solid" 50 votes to win final passage of the measure. There now are 97 members in the Assembly.. Leaders of the Moral Majority had appeared at a recent hearing on the bill and charged it would help rot the character and morals of the citizens:" of Wisconsin. They said it would en courage homosexuality and lead to a spread of disease. Proponents, including the clergy Gov. Anthony Earl later told re-from a number of churches, had sug- porters he will sign the measure if it gested the state not attempt to regu- gets to his desk. *late what occurs in the privacy of Under current law, only inter- bedrooms. course between married persons is* The Assembly did add, on a 96-0 legal in Wisconsin. Other acts of sex-vote, a statement of intent appar-; ual gratification, regardless of the ently aimed at softening criticism of marital status of those involved, are the measure. It said the Legislature's; + intent was "The state recognizes that it has a duty to encourage high moral stand- ards. Although the state does not... regulate the private sexual activity of consenting adults, the state does. not condone or encourage any form* of sexual conduct outside the institu-" tion of marriage. Marriage is the foundation of family and society. Its stability is basic to morality and civi- lization, and of vital interest to soci-: ety and this state." i t Rejected on a 60-to-37 vote was an amendment that would have re- quired the bill to be approved by the voters in a referendum next April, if it were passed by both houses of the Legislature. " 22, limiting the legalization of sexual The Assembly also rejected, 75-to- acts to couples who have marriage li- censes. The roll call from the Assembly was: Democrats voting no: Andrea, J.; Bolle, D.; Hasenohrl, D.; Hauke, T.; Hephner, G.; .E す i Holschbach, V.; Looby, J.; Menos, G.; Plewa, J.; Potter, C.; Rutkowski, J.; Stower, - H.; Swoboda, L.; Tesmer, L.; Thompson, R.; Vanderperren, C.; Wood, W.. Democrats voting yes: 'Antaramian, J.;, Becker, D.; Bell, J.; Brist, S.;. Chvala, C.; Clarenbach, D.; Coggs, M.; Coggs, S.; Craw- ford, T.; Gerlach, C.; Gilson, E.; Gronemus, B.; Helbach, D.; Jauch, R.; Johnson G.; Kun- icki, W.; Lewis, M.; Meaux, T.; Medinger, J.; Metz, S.; Miller, M.; Moyer, R.; Munts, M.; Neubauer, J.; Plous, L.; Roberts, V.; Robin- son, J.; Rogers, W.; Rooney, J.; Seery, T.; Sell, R.; Shoemaker, R.; Smith, P.; Travis, D.; Ulichny, B.; Williams,, A.; Wineke, J.; ⚫ Schneider, M. Democrats not voting: Czarnezki, J., Kin- caid, L., Loftus, T. Republicans voting no: Bradley, G.; Buettner, C.; Byers, F.; Coleman, C.; Cowles, R.; Goetsch, R.; Larson, R.; Luck- 'hardt, E.; McEssy, E.; Matty, R.; Merkt, J.; Porter, C.; Quackenbush, R.; Radtke, R.; Rude, B.; Schultz, D.; Stewart, J.; Stitt, D.; Thompson, T.; Tregoning, J.; Turba, W.; Van Gorden, H.; Walling, E.; Young, J., Republicans voting yes: Donoghue, S.; Fotl, S.; Huelsman, J.; Jaronitzky, J.; Kas- ten, W.; Manske, J.; Panzer, M.; Rosenzw- eig, P.; Schneiders, L., Schober, J.; Travis, R.; Wimmer, J.; Zeuske, C. --- & 24 " the 17 ** Part 1 THE MILWAUKEE JOURNAL Wednesday, April 20, 1983 Assembly gives initial OK to sex-act bill Journal Madison Bureau Rep. David Clarenbach (D-Madi- Madison, Wis. - A bill to decrimi-son), who has unsuccessfully sought nalize private sexual acts between passage of similar bills in several consenting adults was one step away previous sessions, led the floor fight from passage in the Assembly Tues- * to preserve the measure from amend- day. ment. On a 55-42' vote, the bill (A-250). was given preliminary approval, which cuts off proposed amend- ments. A vote for passage could occur' Thursday. If it is passed as expected, the measure will go to the Senate. Gov. Earl said later Tuesday he would sign the bill if it reached his desk. While several amendments were adopted, they were not crucial to the major intent of the bill. Most of the debate centered on a proposal by Rep. Louise Tesmer (D- Milwaukee) to have the issue on the April 1984 ballot as a referendum question. The amendment failed, 60- 37. The bill would continue as a crime sexual acts performed for anything of value. 1 Acts of fornication or sexual grati- fication between consenting adults in ✓ public, or with consenting minors of 16 or 17 years old, or with animals still would be illegal. The measure also would abolish the crime of cohabitation, although laws prohibiting cohabitation if a person was still married would be - retained. It also would delete the authority to deny, suspend or revoke a person's driver's license because of a convic- tion for "sexual perversion.' " The State Division of Corrections said in a fiscal note attached to the bill that in 1981, one offender for sexual perversion and one for forni- cation were placed on probation. In other action, the Assembly passed, 97-0, and sent to the Senate a measure (A-224) that would exempt breads manufactured or sold for peo- ple who need special breads because of medical needs from the standard weights required by law. A similar measure has already been approved by the Senate. I " ५ * P ---