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The state liquor authority had “acted arbitrarily in determining that the mere presence of homosexuals in a public bar was a threat to public welfare and morals.” The court concluded that the state couldn’t conflate homosexual status and homosexual conduct.Ĭalifornia’s state legislature then drafted new laws that allowed for the revocation of liquor licenses in places that were the resort of “prostitutes, pimps, panderers, or sexual perverts.” Despite Stoumen, the laws would be used to harass and close gay bars until these laws were declared unconstitutional, in 1959.
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Reilly that the state could not suspend a bar’s liquor license for being a “disorderly house” simply because it catered to LGBTQ+ people. In what Cain calls the first “successful American ‘gay rights’ case,” in 1951, the California Supreme Court ruled in Stoumen v. Bars were frequent targets of police raids, and a liquor license might be revoked if officers caught patrons in certain acts. In addition to sodomy laws, they could be charged with vagrancy, loitering, lewd acts, and wearing a disguise (dressing in drag). In addition to sodomy laws, they could be charged with vagrancy, loitering, lewd acts, and wearing a disguise (dressing in drag).Īdditionally, a broad interpretation of “homosexual acts” in the twentieth century made “lesbians and gay men think of themselves as criminals just for being who they were,” writes Cain.