Bill on Homosexuals Held Unconstitutional, Evening Star (Article, August 1963)
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Bill on Homosexuals Held Unconstitutional
A bill aimed at cracking down on a Washington group that was formed to protect homosexuals from discrimination has drawn a legal broadside from an American Civil Liberties Union lawyer.
The measure would revoke the fund-raising permit of the organization, the Mattachine Society of Washington.
At a hearing yesterday before the House District subcommittee, attorney Monroe H. Freedman, representing the National Capital Area Civil Liberties Union, of the national union, attacked the bill on constitutional grounds.
Mr. Freedman, who is an associate professor at George Washington University's Law School, testified:
"The bill is rather remarkable in the amount of unconstitutionality packed into two short paragraphs."
Mr. Freedman's major attack, which reflected the same position taken earlier by the District Commissioners, was that the bill would violate the Constitution in singling out an organization and taking away its permit without a court hearing.
Members of the subcommittee, headed by Representative Dowdy, Democrat of Texas, have made it clear that they want a tougher law on fund raising in the District. The city's current rule is a "disclosure" statute and provides little control over fund-raising activities.
At yesterday's session the president of the Mattachine Society of Washington, Franklin E. Kameny, repeatedly refused to give the subcommittee a list of the group's members and other personnel information.
Mr. Kameny said his testimony was in line with restrictions carried in the organization's constitution. The witness said that the reason for the organization's secrecy provisions was obvious, that the members would lost jobs and suffer other types of harassment if their names were made public.
A subcommittee member, Representative Horton, Republican of New York, questioned Mr. Kameny closely on the states goals of the organization.
Mr. Horton was particularly critical of the group's aim to erase from the criminal statutes any ban on the committing of homosexual acts in private between consenting adults.
