Jul 09 2013
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July 9 is the 190th day of the year (191st in leap years) in the Gregorian calendar. There are 175 days remaining until the end of the year.
On this day in 1995, the Grateful Dead gave their last concert at Soldier Field in Chicago, IL.
For mishima
Jul 08 2013
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July 8 is the 189th day of the year (190th in leap years) in the Gregorian calendar. There are 176 days remaining until the end of the year.
On this day in 1951, Paris celebrates 2,000th birthday. In fact, a few more candles would’ve technically been required on the birthday cake, as the City of Lights was most likely founded around 250 B.C.
The earliest archaeological signs of permanent settlements in the Paris area date from around 4200 BC. The Parisii, a sub-tribe of the Celtic Senones, inhabited the area near the river Seine from around 250 BC. The Romans conquered the Paris basin in 52 BC, with a permanent settlement by the end of the same century on the Left Bank Sainte Geneviève Hill and the Île de la Cité. The Gallo-Roman town was originally called Lutetia, but later Gallicised to Lutèce. It expanded greatly over the following centuries, becoming a prosperous city with a forum, palaces, baths, temples, theatres, and an amphitheatre.
The collapse of the Roman empire and the 5th-century Germanic invasions sent the city into a period of decline. By 400 AD, Lutèce, largely abandoned by its inhabitants, was little more than a garrison town entrenched into a hastily fortified central island. The city reclaimed its original appellation of “Paris” towards the end of the Roman occupation.
The Paris region was under full control of the Germanic Franks by the late 5th century. The Frankish king Clovis the Frank, the first king of the Merovingian dynasty, made the city his capital from 508. The late 8th century Carolingian dynasty displaced the Frankish capital to Aachen; this period coincided with the beginning of Viking invasions that had spread as far as Paris by the early 9th century. Repeated invasions forced Parisians to build a fortress on the Île de la Cité; one of the most remarkable Viking raids was on 28 March 845, when Paris was sacked and held ransom, probably by Ragnar Lodbrok, who left only after receiving a large bounty paid by the crown. The weakness of the late Carolingian kings of France led to the gradual rise in power of the Counts of Paris; Odo, Count of Paris was elected king of France by feudal lords, and the end of the Carolingian empire came in 987, when Hugh Capet, count of Paris, was elected king of France. Paris, under the Capetian kings, became a capital once more.
Jul 07 2013
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July 7 is the 188th day of the year (189th in leap years) in the Gregorian calendar. There are 177 days remaining until the end of the year.
The terms 7th July, July 7th, and 7/7 (pronounced “Seven-seven”) have been widely used in the Western media as a shorthand for the 7 July 2005 bombings on London’s transport system. In China, this term is used to denote the Battle of Lugou Bridge started on July 7, 1937, marking the beginning of the Second Sino-Japanese War.
On this day in 1898, U.S. President William McKinley signs the Newlands Resolution annexing Hawaii as a territory of the United States.
In 1898 President of the United States William McKinley signed the treaty of annexation for Hawaii, but it failed in the senate after the 38,000 signatures of the Ku’e Petitions were submitted. After the failure Hawaii was annexed by means of joint resolution called the Newlands Resolution.
The Territory of Hawaii, or Hawaii Territory, was a United States organized incorporated territory that existed from July 7, 1898, until August 21, 1959, when its territory, with the exception of Johnston Atoll, was admitted to the Union as the fiftieth U.S. state, the State of Hawaii.
The U.S. Congress passed the Newlands Resolution which annexed the former Kingdom of Hawaii and later Republic of Hawaii to the United States. Hawaii’s territorial history includes a period from 1941 to 1944 – during World War II – when the islands were placed under martial law. Civilian government was dissolved and a military governor was appointed.
On 7 July 1898, McKinley signed the Newlands Resolution (named after Congressman Francis Newlands) which officially annexed Hawaii to the United States. A formal ceremony was held on the steps of ‘Iolani Palace where the Hawaiian flag was lowered and the American flag raised. Dole was appointed Hawaii’s first territorial governor.
The Newlands Resolution said, “Whereas, the Government of the Republic of Hawaii having, in due form, signified its consent, in the manner provided by its constitution, to cede absolutely and without reserve to the United States of America, all rights of sovereignty of whatsoever kind in and over the Hawaiian Islands and their dependencies, and also to cede and transfer to the United States, the absolute fee and ownership of all public, Government, or Crown lands, public buildings or edifices, ports, harbors, military equipment, and all other public property of every kind and description belonging to the Government of the Hawaiian Islands, together with every right and appurtenance thereunto appertaining: Therefore, Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That said cession is accepted, ratified, and confirmed, and that the said Hawaiian Islands and their dependencies be, and they are hereby, annexed as a part of the territory of the United States and are subject to the sovereign dominion thereof, and that all and singular the property and rights hereinbefore mentioned are vested in the United States of America.”
The Newlands Resolution established a five-member commission to study which laws were needed in Hawaii. The commission included: Territorial Governor Sanford B. Dole (R-Hawaii Territory), Senators Shelby M. Cullom (R-IL) and John T. Morgan (D-AL), Representative Robert R. Hitt (R-IL) and former Hawaii Chief Justice and later Territorial Governor Walter F. Frear (R-Hawaii Territory). The commission’s final report was submitted to Congress for a debate which lasted over a year. Congress raised objections that establishing an elected territorial government in Hawaii would lead to the admission of a state with a non-white majority.
Jul 06 2013
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July 6 is the 187th day of the year (188th in leap years) in the Gregorian calendar. There are 178 days remaining until the end of the year.
On this day in 1917, Arabian troops led by T. E. Lawrence (“Lawrence of Arabia”) and Auda ibu Tayi capture Aqaba from the Ottoman Empire during the Arab Revolt.
Lawrence, sent by General Archibald Murray, commander of the Egyptian Expeditionary Force, to act as a military advisor to Emir Faisal I, convinced the latter to attack Aqaba. Aqaba was a Turkish-garrisoned port in Jordan, which would threaten British forces operating in Palestine; the Turks had also used it as a base during their 1915 attack on the Suez Canal. It was also suggested by Faisal that the port be taken as a means for the British to supply his Arab forces as they moved further north. Though he did not take part in the attack itself (his cousin Sherif Nasir rode along as the leader of his forces), Faisal lent forty of his men to Lawrence. Lawrence also met with Auda ibu Tayi, leader of the northern Howeitat tribe of Bedouin, who agreed to lend himself and a large number of his men to the expedition. Lawrence informed his British colleagues of the planned expedition, but they apparently did not take him seriously, expecting it to fail.
Aqaba was not in and of itself a major military obstacle; a small village at the time, it was not actually garrisoned by the Turks, though the Turks did keep a small, 400-man garrison at the mouth of the Wadi Itm to protect from landward attack via the Sinai Peninsula. The British Royal Navy occasionally shelled Aqaba, and in late 1916 had briefly landed a party of Marines ashore there, though a lack of harbor or landing beaches made an amphibious assault impractical. The main obstacle to a successful landward attack on the town was the large Nefud Desert, believed by many to be impassable.
The expedition started moving towards Aqaba in May. Despite the heat of the desert, the seasoned Bedouins encountered few obstacles aside from occasional harassment from small bands of Arabs paid off by the Turks; they lost more men to attacks by snakes and scorpions than to enemy action. During the expedition, Auda and Lawrence’s forces also did severe damage to the Hejaz Railway.
Auda and his men reached the Wadi Sirhan region, occupied by the Rualla tribe. Auda paid 6,000 pounds in gold to their leader to allow his men to use Wadi Sirhan as a base.
The actual battle for Aqaba occurred for the most part at a Turkish blockhouse at Abu el Lissal, about halfway between Aqaba and the town of Ma’an. A group of separate Arab rebels, acting in conjunction with the expedition, had seized the blockhouse a few days before, but a Turkish infantry battalion arrived on the scene and recaptured it. The Turks then attacked a small, nearby encampment of Arabs and killed several of them.
After hearing of this, Auda personally led an attack on the Turkish troops there, attacking at mid-day on July 6. The charge was a wild success. Turkish resistance was slight; the Arabs brutally massacred hundreds of Turks as revenge before their leaders could restrain them. In all, three hundred Turks were killed and another 150 taken prisoner, in exchange for the loss of two Arabs killed and a handful of wounded. Lawrence was nearly killed in the action; he accidentally shot the camel he was riding in the head with his pistol, but was fortunately thrown out of harm’s way when he fell. Auda was grazed numerous times, with his favorite pair of field glasses being destroyed, but was otherwise unharmed.
Meanwhile, a small group of British naval vessels appeared offshore of Aqaba itself and began shelling it. At this point, Lawrence, Auda, and Nasir had rallied their troops; their total force had been quadrupled to 2,000 men by a local Bedouin who, with the defeat of the Turks at Lissal, now openly joined Lawrence’s expedition. This force maneuvered themselves past the outer works of Aqaba’s defensive lines, approached the gates of Aqaba, and its garrison surrendered without further struggle.
Jul 05 2013
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July 5 is the 186th day of the year (187th in leap years) in the Gregorian calendar. There are 179 days remaining until the end of the year.
On this day in 1937, Spam, the luncheon meat, is introduced into the market by the Hormel Foods Corporation.
Spam (officially trademarked as SPAM) is a canned precooked meat product made by the Hormel Foods Corporation. The labeled ingredients in the classic variety of Spam are chopped pork shoulder meat, with ham meat added, salt, water, modified potato starch as a binder, and sodium nitrite as a preservative. Spam’s gelatinous glaze, or aspic, forms from the cooling of meat stock. The product has become part of many jokes and urban legends about mystery meat, which has made it part of pop culture and folklore.
Varieties of Spam include Spam Classic, Spam Hot & Spicy, Spam Less Sodium, Spam Lite, Spam Oven Roasted Turkey, Hickory Smoked, Spam with real Hormel Bacon, Spam with Cheese, and Spam Spread. Availability of these varieties varies regionally.
Spam that is sold in North America, South America, and Australia is produced in Austin, Minnesota, (also known as Spam Town USA) and in Fremont, Nebraska. Spam for the UK market is produced in Denmark by Tulip under license from Hormel. Spam is also made in the Philippines and in South Korea. In 2007, the seven billionth can of Spam was sold. On average, 3.8 cans are consumed every second in the United States.
Introduced on July 5, 1937, the name “Spam” was chosen when the product, whose original name was far less memorable (Hormel Spiced Ham), began to lose market share. The name was chosen from multiple entries in a naming contest. A Hormel official once stated that the original meaning of the name “Spam” was “Shoulder of Pork and Ham”. According to writer Marguerite Patten in Spam – The Cookbook, the name was suggested by Kenneth Daigneau, an actor and the brother of a Hormel vice president, who was given a $100 prize for creating the name. At one time and persisting to this day in certain books, the theory behind the nomenclature of Spam was that the name was a portmanteau of “Spiced Meat and Ham”. According to the British documentary-reality show “1940s House”, when Spam was offered by the United States to those affected by World War II in the UK, Spam stood for “Specially Processed American Meats”. Yesterday’s Britain, a popular history published by Reader’s Digest in 1998 (p. 140), unpacks Spam as “Supply Pressed American Meat” and describes it as an imported “wartime food” of the 1940s.
Many jocular backronyms have been devised, such as “Something Posing As Meat”, “Specially Processed Artificial Meat”, “Stuff, Pork and Ham”, “Spare Parts Animal Meat” and “Special Product of Austin Minnesota”.
According to Hormel’s trademark guidelines, Spam should be spelled with all capital letters and treated as an adjective, as in the phrase “SPAM luncheon meat”.
Jul 04 2013
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July 4 is the 185th day of the year (186th in leap years) in the Gregorian calendar. There are 180 days remaining until the end of the year. The Aphelion, the point in the year when the Earth is farthest from the Sun, occurs around this date.
On this day in 1826, John Adams and Thomas Jefferson, the second and third presidents of the United States, respectively, die on this day, the 50th anniversary of the adoption of the Declaration of Independence.
After the ratification of the U.S. Constitution, Adams was elected vice president to George Washington, and Jefferson was appointed secretary of state. During Washington’s administration, Jefferson, with his democratic ideals and concept of states’ rights, often came into conflict with Secretary of the Treasury Alexander Hamilton, who supported a strong federal government and conservative property rights. Adams often arbitrated between Hamilton and his old friend Jefferson, though in politics he was generally allied with Hamilton.
In 1796, Adams defeated Jefferson in the presidential election, but the latter became vice president, because at that time the office was still filled by the candidate who finished second. As president, Adams’ main concern was America’s deteriorating relationship with France, and war was only averted because of his considerable diplomatic talents. In 1800, Jefferson’s Democratic-Republicans (the forerunner of the Democratic Party) defeated the Federalist party of Adams and Hamilton, and Adams retired to his estate in Quincy, Massachusetts.
As president, Jefferson reduced the power and expenditures of the central government but advocated the purchase of the Louisiana Territory from France, which more than doubled the size of the United States. During his second administration, Jefferson faced renewed conflict with Great Britain, but he left office before the War of 1812 began. Jefferson retired to his estate in Monticello, Virginia, but he often advised his presidential successors and helped establish the University of Virginia. Jefferson also corresponded with John Adams to discuss politics, and these famous letters are regarded as masterpieces of the American enlightenment.
Less than a month before his death, John Adams issued a statement about the destiny of the United States, which historians such as Joy Hakim have characterized as a “warning” for his fellow citizens. Adams said:
My best wishes, in the joys, and festivities, and the solemn services of that day on which will be completed the fiftieth year from its birth, of the independence of the United States: a memorable epoch in the annals of the human race, destined in future history to form the brightest or the blackest page, according to the use or the abuse of those political institutions by which they shall, in time to come, be shaped by the human mind.
On July 4, 1826, the fiftieth anniversary of the adoption of the Declaration of Independence, Adams died at his home in Quincy. Told that it was the Fourth, he answered clearly, “It is a great day. It is a good day.” His last words have been reported as “Thomas Jefferson survives”. His death left Charles Carroll of Carrollton as the last surviving signatory of the Declaration of Independence. John Adams died while his son John Quincy Adams was president.
His crypt lies at United First Parish Church (also known as the Church of the Presidents) in Quincy. Originally, he was buried in Hancock Cemetery, across the road from the Church. Until his record was broken by Ronald Reagan in 2001, he was the nation’s longest-living President (90 years, 247 days) maintaining that record for 175 years.
Jefferson’ health began to deteriorate by July 1825, and by June 1826 he was confined to bed. He likely died from uremia, severe diarrhea, and pneumonia (?). Jefferson died on July 4, 1826, the fiftieth anniversary of the Declaration of Independence, and a few hours before John Adams.
Though born into a wealthy slave-owning family, Jefferson had many financial problems, and died deeply in debt. After his death, his possessions, including his slaves, were sold, as was Monticello in 1831. Thomas Jefferson is buried in the family cemetery at Monticello. The cemetery only is now owned and operated by the Monticello Association, a separate lineage society that is not affiliated with the Thomas Jefferson Foundation that runs the estate.
Jefferson wrote his own epitaph, which reads:
HERE WAS BURIED THOMAS JEFFERSON
AUTHOR OF THE DECLARATION OF AMERICAN INDEPENDENCE
OF THE STATUTE OF VIRGINIA FOR RELIGIOUS FREEDOM
AND FATHER OF THE UNIVERSITY OF VIRGINIA.
John Quincy Adams, the sixth President of the United States (1825-1829), was at his father’s bed side when he died. He was 7 days short of his 59th birthday
Jul 03 2013
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July 3 is the 184th day of the year (185th in leap years) in the Gregorian calendar. There are 181 days remaining until the end of the year.
On this day in 1863, Battle of Gettysburg ends
On the third day of the Battle of Gettysburg, Confederate General Robert E. Lee’s last attempt at breaking the Union line ends in disastrous failure, bringing the most decisive battle of the American Civil War to an end.
General Lee wished to renew the attack on Friday, July 3, using the same basic plan as the previous day: Longstreet would attack the Federal left, while Ewell attacked Culp’s Hill. However, before Longstreet was ready, Union XII Corps troops started a dawn artillery bombardment against the Confederates on Culp’s Hill in an effort to regain a portion of their lost works. The Confederates attacked, and the second fight for Culp’s Hill ended around 11 a.m., after some seven hours of bitter combat.
Lee was forced to change his plans. Longstreet would command Pickett’s Virginia division of his own First Corps, plus six brigades from Hill’s Corps, in an attack on the Federal II Corps position at the right center of the Union line on Cemetery Ridge. Prior to the attack, all the artillery the Confederacy could bring to bear on the Federal positions would bombard and weaken the enemy’s line.
Around 1 p.m., from 150 to 170 Confederate guns began an artillery bombardment that was probably the largest of the war. In order to save valuable ammunition for the infantry attack that they knew would follow, the Army of the Potomac’s artillery, under the command of Brig. Gen. Henry Jackson Hunt, at first did not return the enemy’s fire. After waiting about 15 minutes, about 80 Federal cannons added to the din. The Army of Northern Virginia was critically low on artillery ammunition, and the cannonade did not significantly affect the Union position. Around 3 p.m., the cannon fire subsided, and 12,500 Southern soldiers stepped from the ridgeline and advanced the three-quarters of a mile (1,200 m) to Cemetery Ridge in what is known to history as “Pickett’s Charge”. As the Confederates approached, there was fierce flanking artillery fire from Union positions on Cemetery Hill and north of Little Round Top, and musket and canister fire from Hancock’s II Corps. In the Union center, the commander of artillery had held fire during the Confederate bombardment, leading Southern commanders to believe the Northern cannon batteries had been knocked out. However, they opened fire on the Confederate infantry during their approach with devastating results. Nearly one half of the attackers did not return to their own lines. Although the Federal line wavered and broke temporarily at a jog called the “Angle” in a low stone fence, just north of a patch of vegetation called the Copse of Trees, reinforcements rushed into the breach, and the Confederate attack was repulsed. The farthest advance of Brig. Gen. Lewis A. Armistead’s brigade of Maj. Gen. George Pickett’s division at the Angle is referred to as the “High-water mark of the Confederacy”, arguably representing the closest the South ever came to its goal of achieving independence from the Union via military victory.
There were two significant cavalry engagements on July 3. Stuart was sent to guard the Confederate left flank and was to be prepared to exploit any success the infantry might achieve on Cemetery Hill by flanking the Federal right and hitting their trains and lines of communications. Three miles (5 km) east of Gettysburg, in what is now called “East Cavalry Field” (not shown on the accompanying map, but between the York and Hanover Roads), Stuart’s forces collided with Federal cavalry: Brig. Gen. David McMurtrie Gregg’s division and Brig. Gen. Custer’s brigade. A lengthy mounted battle, including hand-to-hand sabre combat, ensued. Custer’s charge, leading the 1st Michigan Cavalry, blunted the attack by Wade Hampton’s brigade, blocking Stuart from achieving his objectives in the Federal rear. Meanwhile, after hearing news of the day’s victory, Brig. Gen. Judson Kilpatrick launched a cavalry attack against the infantry positions of Longstreet’s Corps southwest of Big Round Top. Brig. Gen. Elon J. Farnsworth protested against the futility of such a move but obeyed orders. Farnsworth was killed in the attack, and his brigade suffered significant losses.
Jul 02 2013
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July 2 is the 183rd day of the year (184th in leap years) in the Gregorian calendar. There are 182 days remaining until the end of the year.
It is the midpoint of a common year. This is because there are 182 days before and 182 days after (median of the year) in common years, and 183 before and 182 after in leap years. The exact time in the middle of the year is at noon, or 12:00. In the UK and other countries that use “Summer Time” the actual exact time of the mid point in a common year is at (1.00 pm) 13:00 this is when 182 days and 12 hours have elapsed and there are 182 days and 12 hours remaining. This is due to Summer Time having advanced the time by one hour. It falls on the same day of the week as New Year’s Day in common years.
On this day in 1964, U.S. President Lyndon B. Johnson signs into law the historic Civil Rights Act in a nationally televised ceremony at the White House.
In the landmark 1954 case Brown v. Board of Education, the U.S. Supreme Court ruled that racial segregation in schools was unconstitutional. The 10 years that followed saw great strides for the African-American civil rights movement, as non-violent demonstrations won thousands of supporters to the cause. Memorable landmarks in the struggle included the Montgomery bus boycott in 1955–sparked by the refusal of Alabama resident Rosa Parks to give up her seat on a city bus to a white woman–and Martin Luther King, Jr.’s famous “I have a dream” speech at a rally of hundreds of thousands in Washington, D.C., in 1963.
The Civil Rights Act of 1964 (Pub.L. 88-352, 78 Stat. 241, enacted July 2, 1964) was a landmark piece of legislation in the United States that outlawed major forms of discrimination against blacks and women, including racial segregation. It ended unequal application of voter registration requirements and racial segregation in schools, at the workplace and by facilities that served the general public (“public accommodations”). Powers given to enforce the act were initially weak, but were supplemented during later years. Congress asserted its authority to legislate under several different parts of the United States Constitution, principally its power to regulate interstate commerce under Article One (section 8), its duty to guarantee all citizens equal protection of the laws under the Fourteenth Amendment and its duty to protect voting rights under the Fifteenth Amendment.
Jul 01 2013
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July 1 is the 182nd day of the year (183rd in leap years) in the Gregorian calendar. There are 183 days remaining until the end of the year. The end of this day marks the halfway point of a leap year. It also falls on the same day of the week as New Year’s Day in a leap year.
On this day in 1997, Hong Kong returned to China.
At midnight on July 1, 1997, Hong Kong reverts back to Chinese rule in a ceremony attended by British Prime Minister Tony Blair, Prince Charles of Wales, Chinese President Jiang Zemin, and U.S. Secretary of State Madeleine Albright. A few thousand Hong Kongers protested the turnover, which was otherwise celebratory and peaceful.
Hong Kong is one of two special administrative regions (SARs) of the People’s Republic of China (PRC), the other being Macau. A city-state situated on China’s south coast and enclosed by the Pearl River Delta and South China Sea, it is renowned for its expansive skyline and deep natural harbour. With a land mass of 1,104 km2 (426 sq mi) and a population of seven million people, Hong Kong is one of the most densely populated areas in the world. Hong Kong’s population is 95 percent ethnic Chinese and 5 percent from other groups. Hong Kong’s Han Chinese majority originate mainly from the cities of Guangzhou and Taishan in the neighbouring Guangdong province.
Hong Kong became a colony of the British Empire after the First Opium War (1839-42). Originally confined to Hong Kong Island, the colony’s boundaries were extended in stages to the Kowloon Peninsula and the New Territories by 1898. It was occupied by Japan during the Pacific War, after which the British resumed control until 1997, when the PRC acquired sovereignty. The region espoused minimum government intervention under the ethos of positive non-interventionism during the colonial era. The time period greatly influenced the current culture of Hong Kong, often described as “East meets West”, and the educational system, which used to loosely follow the system in England until reforms implemented in 2009.
Under the principle of “one country, two systems”, Hong Kong has a different political system from mainland China. Hong Kong’s independent judiciary functions under the common law framework. The Basic Law of Hong Kong, its constitutional document, which stipulates that Hong Kong shall have a “high degree of autonomy” in all matters except foreign relations and military defence, governs its political system. Although it has a burgeoning multi-party system, a small-circle electorate controls half of its legislature. An 800-person Election Committee selects the Chief Executive of Hong Kong, the head of government.
As one of the world’s leading international financial centres, Hong Kong has a major capitalist service economy characterised by low taxation and free trade, and the currency, Hong Kong dollar, is the ninth most traded currency in the world. The lack of space caused demand for denser constructions, which developed the city to a centre for modern architecture and the world’s most vertical city. The dense space also led to a highly developed transportation network with public transport travelling rate exceeding 90 percent, the highest in the world. Hong Kong has numerous high international rankings in various aspects. For instance, its economic freedom, financial and economic competitiveness, quality of life, corruption perception, Human Development Index, etc., are all ranked highly.
Jun 30 2013
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June 30 is the 181st day of the year(182nd in leap years) in the Gregorian calendar. There are 184 days remaining until the end of the year.
On this day in 1986, the U.S. Supreme Court rules in Bowers v. Hardwick that states can outlaw homosexual acts between consenting adults.
Bowers v. Hardwick, upheld the constitutionality of a Georgia sodomy law criminalizing oral and anal sex in private between consenting adults when applied to homosexuals. Seventeen years after Bowers v. Hardwick, the Supreme Court directly overruled the decision in Lawrence v. Texas (2003), and held that such laws are unconstitutional. In overruling Bowers v. Hardwick, the 2003 Court stated that “Bowers was not correct when it was decided, and it is not correct today.”
The short concurring opinion by Chief Justice Warren E. Burger emphasized historical negative attitudes toward homosexual sex, quoting Sir William Blackstone‘s characterization of sodomy as “a crime not fit to be named.” Burger concluded, “To hold that the act of homosexual sodomy is somehow protected as a fundamental right would be to cast aside millennia of moral teaching.”
Opponents of sodomy laws criticized Bowers not only for its result but also because of the Court’s dismissive treatment of the liberty and privacy interests of gay men and lesbians. A sharply worded dissenting opinion by Justice Harry Blackmun attacked the majority opinion as having an “almost obsessive focus on homosexual activity.” Justice Blackmun suggested that “(o)nly the most willful blindness could obscure the fact that sexual intimacy is ‘a sensitive, key relationship of human existence, central to family life, community welfare, and the development of human personality.'” (Ironically quoting from the opinion by Chief Justice Burger in Paris Adult Theatre I v. Slaton which held that obscene films are not constitutionally protected)
Blackmun revealed in a 1995 oral history with Harold Koh that his dissent in Bowers v. Hardwick was written primarily by openly gay Pam Karlan (then a law clerk for Blackmun, and now professor of law at Stanford Law School). Blackmun said of the dissent; “[K]arlan did a lot of very effective writing, and I owe a lot to her and her ability in getting that dissent out. She felt very strongly about it, and I think is correct in her approach to it. I think the dissent is correct.”
Lewis Powell was considered the deciding vote during the case. He had initially voted to strike down the law but changed his mind after a few days. In a concurring opinion, Powell voiced doubts about the compatibility of Georgia’s law with the Eighth Amendment as it related to the prison sentence for conviction, but joined the majority opinion upholding the law against a substantive due process attack. It has been argued that Powell’s decision to uphold the law was influenced by the fact that he believed he had never known any homosexuals, unaware that one of his own law clerks was gay. In 1990, three years after retiring from the Court, Powell told a group of New York University law students that he considered his opinion in Bowers was an error. “I do think it was inconsistent in a general way with Roe. When I had the opportunity to reread the opinions a few months later I thought the dissent had the better of the arguments.” However, Powell believed that the case was one of little importance and spent only thirty minutes thinking about it.
Bowers was decided at a time when the court’s privacy jurisprudence, and in particular the right to abortion recognized in Roe v. Wade, 410 U.S. 113 (1973), had come under heavy criticism and was in doubt. In this historical context, Bowers signaled a reluctance by the then-members of the Court to recognize a general constitutional right to privacy or to extend such a right further than they already had.
State sodomy laws were seldom enforced against private consensual conduct in the decades following the decision, but the Bowers decision was frequently cited in opposition to gay rights programs. The Georgia law upheld in Bowers forbade oral sex and anal sex whether engaged in by people of the same sex or different sexes, but Justice White’s decision was restricted to homosexual sex. “The only claim properly before the Court, therefore, is Hardwick’s challenge to the Georgia statute as applied to consensual homosexual sodomy. We express no opinion on the constitutionality of the Georgia statute as applied to other acts of sodomy.”
In the years after Bowers was decided, several state legislatures repealed their sodomy laws. In addition, a number of state courts invalidated sodomy laws under privacy or other provisions of their state constitutions. The same sodomy law that was upheld in Bowers was struck down by the Georgia Supreme Court under the Georgia state constitution in the case of Powell v. State, 270 Ga. 327 (1998).
The remaining state sodomy laws in the U.S. were invalidated, insofar as they applied to private consensual conduct among adults, in the Supreme Court case of Lawrence v. Texas 539 U.S. 558 (2003). Justice Anthony Kennedy wrote the majority opinion in Lawrence, ruling that Texas’ state sodomy law was unconstitutional under the Fourteenth Amendment’s due process clause (adult consensual sexual intimacy in ones’ home is a vital interest in liberty and privacy protected by the Due Process Clause). Lawrence explicitly overturned Bowers, with Kennedy writing “Bowers was not correct when it was decided, and it is not correct today. It ought not to remain binding precedent. Bowers v. Hardwick should be and now is overruled.”
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