June 18, 1994 The Mobile Press-Register OFFICIAL SAYS LAW COULD RESTRICT AIDS DISCUSSIONS Page B1 by Eddie Curran, Staff Reporter MONTGOMERY -- Alabama remains the only state that bans funding for homosexual organizations on its college campuses on the basis that such groups promote breaking sodomy laws. On Friday, in a hearing to determine whether the law is unconstitutional, a lawyer for the state suggested the law also might restrict what anyone in a campus organization can say on campus. District Judge Myron Thompson repeatedly asked state's attorney Friday to what degree members of organizations on Alabama's college campuses can discuss topics such as AIDS and AIDS prevention. Thompson asked if a speaker is on campus to discuss AIDS prevention and discusses sodomy, "would that constitute a violation of this act?" It would, Deputy Attorney General George E. Jones said, "if this speaker went a step further." Graphic descriptions of sexual organs engaging in sodomy would violate the statue, he said. Friday afternoon's hearing pitted Jones in the role of defense attorney -- representing Attorney General Jimmy Evans and two members of the University of South Alabama's administration, President Fred Whidon and Dean of Students Dale Adams -- against American Civil Liberties Union attorney Ruth Harlow. Harlow, of New York, represented the Gay Lesbian Bisexual Alliance and its president, George Hite Wilson. The campus organization is suing to get funding it has been denied by USA. USA officials have said the alliance was denied funding solely because the school feared breaking the law. Thompson has not set a timeframe for his decision, which could allow the law to remain as is, be altered, or struck down. After the hearing, Harlow said for campus organizations that either receive funding or use university facilities, the law allegedly broken by the alliance "does limit discussing how certain sexual acts are performed even if the purpose is to provide whether that sexual act can transmit diseases." As for the alliance's chances of winning and achieving its stated aim of having the law declared unconstitutional, the case could pivot on one simple question: What's in a name? In light of Jones' admitted inability to describe the specific actions past or present of the alliance, the group's future appears to rest on whether its name and stated objectives of sex education and tolerance violate state law. "What did the attorney general know about this organization other than what was in the memorandum and that the name was the Gay Lesbian Bisexual Alliance?" Thompson asked Jones, referring to a Feb. 13, 1993, letter from Whiddon to Evans, requesting a ruling from the attorney general. Jones could not specify. As he said after the hearing when asked if the alliance broke the law: "I'm saying I don't know whether they did or not. I'm assuming the university didn't send anybody to spy on them, and the attorney general certainly didn't." However, Jones told the court, "any group that goes by that name" would put reservations in the mind of any public official. Thompson peppered Jones with questions in an attempt to get him to clarify the law and its application to the alliance. The law states that public funds or facilities cannot be used to promote "lifestyle or activities prohibited by the sodomy and sexual misconduct laws," and time and time again, apparently not satisfied with the answers he was receiving, Thompson asked, "What does 'lifestyle' mean?" Jones responded that the prohibited lifestyle consisted of a violation of Alabama's sexual misconduct laws. "Basically a homosexual or lesbian lifestyle," he said. "Do fraternities down there have to comply with statues like that?" Thompson asked, wondering why this organization had to "jump through loopholes." "How do you know members of this organization indulge in any homosexual activity?" the judge continued. At that point, Jones looked over at George Hite Wilson, the Gay Lesbian Bisexual Alliance President and stated that Wilson had at a previous time characterized himself as a "practicing homosexual." Challenged, Jones altered his representation of Wilson's quote to, "I am a homosexual." After the hearing, Harlow said that while the ACLU opposes all restrictions on consensual adult sex, including sodomy, "this case does not raise that issue. "There is no allegation that anyone has broken Alabama's criminal laws about sexual behavior. All this case is about is free speech and free association as guaranteed under the First Amendement," she said. "This is not about the state endorsing this group. It's just setting up a method for learning and the exchange of ideas. The taxpayers of Alabama are not necessarily endorsing what my client believes in, but allowing them their right of free speech, which is a traditional American thing to do." Harlow presented a similiar argument to Thompson. She also told Thompson that because of what she believed to be the law's lack of clarity, "no one was able to tell our client what it can or cannot do, and the defendant (USA) was not able to decide what the GLBA can or cannot do." After the hearing, Jones indicated the motivation for the law was rather straight-forward. "Our position is that government funds and government facilities are not intended to promote homosexual conduct." =-=-=-=-=-=-=-=-=-=-= Please contact the Press Register and let them know what you think of this story: The Mobile Press Register 304 Government Street., P.O. Box 2488 Mobile, AL 36630 News Fax: 205-434-8662 (area code changes to 334 after Jan 15, 1995) All other voice calls: 1-800-239-1340 (I don't know if this will work outside Alabama)