Representative Bill Stancil took a lot of heat from the conservative pastors in his hometown of Fort Smith for his vote in favor of the revised criminal code. They said he had voted to legalize homosexuality. Stancil was a good man who had been one of Arkansas best high school football coaches. He was a muscular, square-jawed, broken-nosed guy, and subtlety wasnt his strong point. He couldnt believe he had voted for homosexuality and was determined to rectify his error before the religious right could punish him for it, so he introduced a bill to make homosexual acts a crime. For good measure, he criminalized bestiality too, causing one of his wittier colleagues to remark that he obviously didnt have many farmers in his district. Stancils bill described in excruciating detail every conceivable variation of both kinds of forbidden intercourse. A pervert could read it and escape the urge to buy pornographic material for a whole week.
There was no way to beat the bill on a direct vote. Moreover, the Supreme Court was a long way from its 2003 decision declaring that consensual homosexual relations are protected by the right to privacy, so getting an opinion from me saying the bill was unconstitutional wasnt an option. The only possible strategy was to delay the bill to death. In the House, three young liberals who were great allies of mineKent Rubens, Jody Mahoney, and Richard Maysdecided to offer an interesting amendment. Word got out that something was afoot, and I joined a packed gallery above the House chamber to watch the fireworks go off. One of the guys rose and praised Stancils bill, saying it was about time someone stood up for morality in Arkansas. The only problem, he said, was that the bill was too weak, and he wanted to offer a little amendment to strengthen it. Then, with a straight face, he proposed the addition, making it a Class D felony for any member of the legislature to commit adultery in Little Rock while the legislature was in session.
The entire gallery was engulfed in peals of laughter. On the floor, however, the silence was deafening. For many legislators from small towns, coming to Little Rock for the session was the only fun they hadthe equivalent of two months in Paris. They were not amused, and several of them told the three wise guys theyd never pass another bill unless the amendment was withdrawn. It was. The bill sailed through and was sent to the Senate.
We had a better chance to kill it there, because it was assigned to a committee chaired by Nick Wilson, a young senator from Pocahontas who was one of the brightest and most progressive members of the legislature. I thought he might be persuaded to keep the bill bottled up until the legislature adjourned.
On the last day of the session, the bill was still in Nicks committee and I was counting the hours until adjournment. I called him about it several times and hung around until I was almost an hour late in leaving for a speech in Hot Springs. When I could finally wait no longer, I called him one last time. He said they would adjourn in half an hour and the bill was dead, so I left. Fifteen minutes later, a powerful senator who favored the bill offered Nick Wilson a new building for the vocational technical school in his district if hed let the bill go through. As Speaker Tip ONeill used to say, all politics is local. Nick let the bill go, and it passed easily. I was sick. A few years later, the present congressman from Little Rock, Vic Snyder, tried to repeal the bill when he was in the state Senate. He failed too. As far as I know, the law was never enforced, but we had to wait for the 2003 Supreme Court decision to invalidate the law.
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