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Gay book ban would limit theater
cw.ua.edu ^ | 01/10/05 | Nick Beadle

Posted on 01/10/2005 9:11:06 AM PST by Ellesu

Professor says bill would force department to repeat productions:

To Stephen Tyler Davis, the monologue of character Paul in "A Chorus Line" was pivotal.

Davis - an aspiring actor, playwright and director from Huntsville - played the character in a UA theater department production of the play last fall, and he said he wanted to convey it perfectly. In the monologue, Paul discusses the sexual abuse he endured as a child and his homosexuality.

"It was just a real part of a person," said Davis, a UA sophomore majoring in theater. "It was a lot on my shoulders, and I wanted to communicate that.

"But with this bill, it completely squeezes the art of it."

Davis is among those in the theater department worried about a House bill prefiled by Rep. Gerald Allen, R-Cottondale, for next month's legislative session that would prohibit the use of public funds for activities that "sanction, recognize, foster or promote a lifestyle or actions prohibited by the sodomy and sexual misconduct laws of the state."

HB30, if it were to become law, would prohibit use of public facilities for performances of plays with gay characters, such as "A Chorus Line," in addition to works by gay authors such as Oscar Wilde. Books written by gay authors or books that have gay characters, as well as textbooks referencing homosexuality as an alternative lifestyle, would also be banned from state-funded schools and libraries.

Peder Melhuse, a UA associate theater professor, said he has little fear the bill will ever become law. But "if it did go through, I would certainly go out of my way to choose and vote for [productions] that went right in the face of the law," he said.

According to HB30, public employees convicted of defying the ban would face the penalties of a Class A misdemeanor under state criminal code: a maximum $2,000 fine and at most a one-year jail sentence.

Melhuse said the bill's broad ban would severely limit theater department productions, and not just plays with overtly gay themes, characters or authors, he said, but those that deal with topics like AIDS as well.

"We would be down to repeating the same family-oriented play each year," Melhuse said. "We would probably have to repeat [a play] at least once or twice each year."

The bill asserts that the ban is not a prior restraint on speech prohibited under the First Amendment. According to HB30, the bill "shall apply only to state agencies, public schools, public libraries and public colleges and universities in the use of public funds and public facilities."

HB30 also provides that its sections can be severed so that if one part of the bill were to be declared unconstitutional, others would not be affected. It also references state laws making sodomy and "sexual misconduct" illegal.

In its June 2003 ruling in Lawrence v. Texas, the U.S. Supreme Court ruled a Texas law criminalizing private, consensual gay sex unconstitutional. The court found that individuals' private sexual decisions were protected under the 14th Amendment's due process clause.

Efforts to reach Allen last week were unsuccessful, but in a statement released last month he defends the bill as fiscally responsible and touted it as a counter effort to those who have tried to remove religious activities and symbols in publicly funded schools and buildings.

"My argument is the same," Allen said in the statement. "Plays glamorizing homosexuality, books advocating gay and lesbian activities, public financial support for activities organized by homosexuals have created an undue influence on the children in our schools."

Allen also says in the statement that nationwide efforts to ban gay marriage, which he has spearheaded in Alabama, would be futile "unless [the state] stops supporting programs that encourage homosexuality."

Davis said that while the bill helps him lose hope in Alabama, he said he believes a large part of the state is fighting against the ban.

"I think that a lot of the state really appreciates art," he said. "They really appreciate theater and novels. People read."

But if the bill becomes law, Davis said he thinks it would undercut the reason he came to the Capstone: to absorb an unlimited, diverse collection of knowledge.

"I would definitely be appalled and wouldn't go to school here anymore - or in this state," Davis said. "But let's hope it doesn't come to that."


TOPICS: Culture/Society; Government; News/Current Events; US: Alabama
KEYWORDS: academia; geraldallen; homosexual; homosexualagenda; publicfinance; sodomy
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To: DBeers
You are severely overestimating how easy it is to spot 'homosexual agenda'. Are legislators really going to dig into every novel or play looking for it? And supposing a stage director at one of these public theaters wants to stage a canonical work like 'The Merchant of Venice' or 'Hamlet' and stress those undertones? Will the goverment step in and tell him how he must interpret the material. What if they decide next that cold blooded murder is not to be depicted? This is a can of worms best left unopened IMO.
21 posted on 01/10/2005 11:04:21 AM PST by Borges
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To: Borges

From what I gather, what Allen wants to cut public funding from is not any reference to homosexuality (and the "cross dressing" in Shakespeare isn't exactly like the kind of "cross dressing" promoted by homosexuals), but literature/texts and so on that actively promote it. Propaganda and cultural depravity.

And why should the tax dollars of the citizens of AL (and all of ours, as it may include fed dollars as well) fund "gay" crap that we and they don't want to fund?

The gov't spends way, way, way too much money anyway.


22 posted on 01/10/2005 12:49:32 PM PST by little jeremiah (The "Gay Agenda" exists only in the minds of little jeremiah and his cohort. - Modern Man)
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To: Borges

And if the public libraries are closed, so much the better. Let there be private libraries - people can pay a little to rent books, or so much a year, and people and organizations can donate money and books. Librarians are almost of them leftist ideologues anyway, and fight like the devil for the right of children to see porn on library computers.


23 posted on 01/10/2005 12:52:00 PM PST by little jeremiah (The "Gay Agenda" exists only in the minds of little jeremiah and his cohort. - Modern Man)
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To: DirtyHarryY2K

Yup. Mass is losing population, especially families. Real ones. And tax payers. Let the rest of them ferment in their own bile.

But, as you say, poor kids.


24 posted on 01/10/2005 12:53:45 PM PST by little jeremiah (The "Gay Agenda" exists only in the minds of little jeremiah and his cohort. - Modern Man)
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To: little jeremiah

Public libraries are not what I would consider pork spending. Porn on library computers is a side issue that's easily dealt with. The loss of public libraries would be devestating to many kids and a complete break from an ages old great American tradition. Fundamental disagreement there.


25 posted on 01/10/2005 1:19:31 PM PST by Borges
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To: Borges; All
-below is the text of the Bill HB30

I assume it is homosexual activists that term HB30 the "Gay book ban" bill? I think you are overreacting -anything unjust etcetera will be open to review, challenge and voter scrutiny... I favor stomping out homosexual agenda a high priority....


Page 0
HB30
69114-1
By Representative Allen
RFD: Education
First Read: 01-FEB-05
PFD: 12/08/2004

Page 1
SYNOPSIS: Currently, the Title 16, Chapter 40A, Code
of Alabama 1975, (1) provides minimum content
standards to be included in any sex education
program or curriculum taught in Alabama public
schools including an emphasis, in a factual manner
and from a public health perspective, that
homosexuality is not a lifestyle acceptable to the
general public and that homosexual conduct is a
criminal offense under the laws of the state and
(2) provides that conduct that is illegal under
state law shall not be encouraged or proposed to
public school children in such a manner as to
indicate that they have a legitimate right to
decide or choose illegal conduct. However, the
state has no established policy restricting or
prohibiting the use of state funds for the purchase
of textbooks, library books, or other materials
that sanction, recognize, foster, or promote a
lifestyle or actions prohibited by the sodomy and
sexual misconduct laws of the state.

Page 2
This bill would prohibit the expenditure or
use of public funds or public facilities by any
state agency or public entity for the purchase,
production, or promotion of printed or electronic
materials or activities that sanction, recognize,
foster, or promote a lifestyle or actions
prohibited by the sodomy and sexual misconduct laws
of the state.
A BILL
TO BE ENTITLED
AN ACT
To prohibit the expenditure or use of public funds
or public facilities by any state agency or public entity for
the purchase, production, or promotion of printed or
electronic materials or activities that sanction, recognize,
foster, or promote a lifestyle or actions prohibited by the
sodomy and sexual misconduct laws of the state.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. In order to establish and insure good
public policy and accountability in the use of state
resources, it shall be the policy of the state of Alabama
that:
(a) No public funds or public facilities shall be
used by any state agency, public school, public library, or
public college or university for the purchase, production, or

Page 3
promotion of printed or electronic materials or activities
that, directly or indirectly, sanction, recognize, foster, or
promote a lifestyle or actions prohibited by the sodomy and
sexual misconduct laws of the state of Alabama. No public
funds shall be used for the purchase of textbooks or library
materials that recognize or promote homosexuality as an
acceptable lifestyle or encourages or proposes to public
school children that they have a legitimate right to decide or
choose illegal conduct.
(b) No state agency, public school, public library,
or public college or university, directly or indirectly, shall
require or encourage the entity’s members or employees to
provide information or materials or engage in any activities
that, directly or indirectly, sanction, recognize, foster, or
promote a lifestyle or actions prohibited by the sodomy and
sexual misconduct laws of the state of Alabama.
(c) Any public employee who violates the provisions
of this section shall be guilty of a Class A misdemeanor.
(d) This section shall not be construed to be a
prior restraint of the First Amendment protected speech. It
shall apply only to state agencies, public schools, public
libraries, and public colleges and universities in the use of
public funds and public facilities.
Section 2. The provisions of this act are severable.
If any part of this act is declared invalid or
unconstitutional, that declaration shall not affect the part
which remains.

Page 4
Section 3. All laws or parts of laws which conflict
with this act are repealed.
Section 4. This act shall become effective on the
first day of the third month following its passage and
approval by the Governor, or its otherwise becoming law.

26 posted on 01/10/2005 2:47:50 PM PST by DBeers
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To: Borges

Porn on libraries is not easily dealt with; quite the contrary. THere's been threads about it on FR several times. Leftist librarians defend the right of people to view porn on library computers to the death.

There are small towns that have local private libraries funded privately and quite cheap, could have sliding rates for low income. That way there's local control.


27 posted on 01/10/2005 3:43:45 PM PST by little jeremiah (The "Gay Agenda" exists only in the minds of little jeremiah and his cohort. - Modern Man)
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