Jump to content
Sign in to follow this  
  • entries
    6
  • comments
    19
  • views
    3,969

Unchained Melody

Sign in to follow this  
Cole Matthews

729 views

In “The Bachelor Farmer” I portray the dissemination of a term, ‘homosexelles’ to describe men loving other men and women loving other women. Prior to Kertbeny’s new word in the late nineteenth century, only terms that described sex acts were used to define gays, lesbians, and bisexuals. Over time that word, “homosexual,” came into common usage and a new identity group was born. However, being a homosexual wasn’t necessarily embraced by the general public including governments around the world.

 

In the 1950’s, a few men and women in the United States created a couple of groups to advocate for homosexuals. The Mattachine Society was generally the gay group while the Daughters of Bilitis was for lesbians. The Mattachine Society in Los Angeles decided the send out a magazine, a newsletter really, that published ideas relating to people with sexual identities that weren’t the norm.

 

However, they ran head first into a problem. Publishing their little magazine called “ONE” outside the immediate area meant using the United State Postal Service (USPS). Oops!

 

The Comstock Act gave the USPS broad censorship powers allowing it to decide if the content it was conveying was obscene and therefore subject to seizure. The postmaster in LA, Otto K. Olesen, refused to send through the mail an issue in 1954. Deb Price and Joyce Murdoch describe what happened next in their book, ‘Courting Justice’.

 

“After an 11-month delay that Julber [ONE’s pro bono general counsel] attributed to the magazine’s financial woes, ONE filed suit in federal court against Los Angeles postmaster Olesen, challenging the decision that the October 1954 issue was unmailable. Ironically, the cover of the disputed issue declared, ‘You Can’t Print It!’ In the anonymous cover article ‘by ONE’s legal counsel,’ Julber explained the censorship guidelines he’d cautiously instituted in trying to ensure that ONE did not run afoul of the federal law against mailing obscene material.” Page 31, 2001.

 

First the district federal court and then the Ninth Circuit Court of Appeals ruled in favor of the Post Office. The appeals court confirmed the findings of the district court which said the following:

 

“1. The story "Sappho Remembered" appearing on pages 12 through 15, is obscene because lustfully stimulating to the homosexual reader.

 

2. The poem "Lord Samuel and Lord Montagu", appearing on pages 18 and 19, is obscene because of the filthy language used in it.

 

3. The advertisement for the Swiss publication "The Circle" appearing at the top of page 29, is non-mailable matter because it gives information for the obtaining of obscene matter.”

 

http://scholar.google.com/scholar_case?case=7911273081513480843&hl=en&as_sdt=6&as_vis=1&oi=scholarr

 

ONE, INCORPORATED v. OLESEN, 241 F.2d 772 (9th Cir. 1957)

 

What’s fascinating about this decision is the federal district court decided it wasn’t just ONE’s content that was obscene but it found that merely by publishing the contact information for another periodical, “The Circle,” it was sending out illegal material.

Simply talking about being a homosexual was considered lewd and lascivious.

 

Shortly thereafter something quite amazing occurred. We tend to think the “Stonewall Riots” were the beginning of the GLBT community’s efforts to be recognized. But, could “Stonewall” have happened without the idea of the ‘homosexual’ and the fact we were becoming a community by communicating with one another? Since I don’t like counterfactuals, I can’t say. In 1958 the United States Supreme Court decided the lower courts were wrong. They found the Postal Service couldn’t deny ONE access to the mail.

 

Strangely enough, there isn’t any written decision. The Supreme Court merely struck down the Ninth Circuit and federal district court’s findings as a matter of law. They referred to another of their court decisions as their basis for striking down the USPS’s actions.

 

http://www.law.cornell.edu/supremecourt/text/355/371

 

In what could be described as a ‘silent nod,’ the Supreme Court said we could publish our poems, our stories, our ideas to others. We would no longer be forced to harmonize in the chorus. The GLBT community could step up and sing their ‘unchained melody’ if we’d like.

 

This decision isn’t highly celebrated. However, it opened up a floodgate of our ideas. When people are allowed to write, publish, and debate their ideas, things happen. I chose this decision, this event as my first post for a good reason. Take advantage of your voice and tell us your stories.

 

Sing your unchained melody.

  • Like 8
Sign in to follow this  


5 Comments


Recommended Comments

I wonder if these early victories in publication/mailing laid the foundation for sites like GA?

  • Like 1

Share this comment


Link to comment

Dyno, building a community that isn't geographically or interrelated connected  isn't easy but this event seems to provide the first building blocks. Sites like GA came about as more people became invested in the idea we are a virtual community with a shared set of interests. I think it did help GA become possible and even necessary. Boy am I glad it did. 

  • Like 1

Share this comment


Link to comment

I love these little snippets of queer history....and i have found so many here! I like to think of it as sort of bonding with the past, and i'm glad to be able to learn it here!

  • Like 1

Share this comment


Link to comment

Gays have been picked on for a long time, and are killed in some countries.  I like the nazi history of gay persecution because it highlights the importance of political involvement.  I think if the German people had been more responsible for their own government history would be different.

 

Even after the defeat of the nazi's gays were persecuted and kept in prisons.  A lot of terrible things were done to them.  The U.S. didn't do anything to help them either.  They were truly alone in the world. 

 

Iran, Yemen, Sudan, Saudi Arabia and Mauritania have the death penalty for being gay. According to Ampped 66 other countries punish people for being gay.  That puts a lot of people in serious danger, and it's one huge reason why people need to be politically active.  As I see it those who refuse to pay attention to their country's politics are guilty of a social crime because it will lead to tyranny and the criminalization of what are actually people's rights.

  • Like 1

Share this comment


Link to comment

Thanks for the comment Ghost. Just be careful with the rhetoric. Social crimes is a pretty nebulous term and accusing people of it is over the top. You are right we should care but don't use blanket indictments. :)

 

That being said, my July entry is almost ready.

Share this comment


Link to comment

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
×
×
  • Create New...

Important Information

Our Privacy Policy can be found here. We have placed cookies on your device to help make this website better. You can adjust your cookie settings, otherwise we'll assume you're okay to continue..