See also
- Rigójancsi - for the historical person Rigó Jancsi (1858–1927)
- Boise homosexuality scandal
- Newport sex scandal
The Portland vice scandal (sometimes called the vice clique scandal, the vice crusade in contemporary reports, or inaccurately the YMCA scandal) refers to the discovery in November 1912 of a gay male subculture in the U.S. city of Portland, Oregon. Nearly 70 men were charged, and three were convicted by jury; the Oregon Supreme Court then reversed the convictions on legal technicalities.
At the time the scandal broke, Oregon's sodomy law merely said, "If any person shall commit sodomy or the crime against nature, either with mankind or beast, such person, upon conviction thereof shall be punished by imprisonment in the penitentiary not less than one year nor more than five years." [1] Up to this point, in some U.S. states with sodomy laws similar to Oregon's, courts had ruled that these statutes covered anal sex, but not oral sex. [2] These cases cited the 1817 English case Rex v. Jacobs, Russ & Ry 331.
Following the arrest and interrogation of a teenager for shoplifting, he told his interrogators that "he had been 'corrupted' by a number of men in town." [3]
The teenager was identified variously as fourteen-year-old Hazen Wright or nineteen-year-old Benjamin Trout. The person identified as the perpetrator was Harry Rowe, 39, who lived at the local YMCA, which had the ninth largest membership of all YMCAs in North America. [4] [5] [6] [7] [8]
This revelation prompted police investigations and led to the arrest of 69 men "for crimes ranging from so-called indecent acts to sodomy." [8] The press used the term "vice clique" to refer to these men collectively. [3] Since a crime against nature such as this could not be consensual, the parties are described as predators and victims or "boy victim", though only categorized by which participant was older. [5]
Some members of the vice clique were prominent public figures including Edward McAllister, as well as lawyers and physicians. Some of the accused lived at the local YMCA and which was supported by members of Portland's upper class. Considered "unprintable" content, it still prompted attacks against the YMCA, its sponsors, and the city's upper class, especially by the working-class newspaper The Portland News and its editor Dana Sleeth. [5]
The scandal also exposed Theodore Kruse and the Louvre restaurant in Portland, which he had owned.
Kruse (February 13, 1864, Germany – November 3, 1941, Gearhart, Oregon [9] ) started in Portland with the Kruse Grill around 1891. He married his second wife, Marion F. in Spokane, Washington in 1906 and divorced in 1908. He then purchased the Louvre restaurant, running it and Portland's Belvedere Hotel starting around 1907. He was married to his third wife, Marie E. Daggett, at the time. While in the process of setting up Hotel Carlton in 1911, he disappeared mysteriously in August 1911, days before a large payment was due to Gevurtz Furniture Company for the Carlton, who formed a company and took over the hotel lease. This was front-page news in the Oregonian; a month later, his wife sent people to Seattle to look for him, and the Oregonian described him as surfacing there with a young man. He suddenly reappeared on March 24, 1912, at the Carlton. [5] [10] [11] [12]
In April 1912 his third wife was granted divorce from him, citing his "cruel and inhuman treatment" (a common grounds for divorce before no-fault divorce was legal). She described him as flirting with clientele at his restaurant in 1911 before his disappearance, and recounted that he was first in Quebec, then she sent a stepson (from his previous marriage) to Europe and found him in Germany. He stated his wife had died and he had retired. He then traveled through Europe (Monte Carlo, Naples, Rome), before suddenly reappearing. [6] [12] [5]
The Louvre was described as having an "immoral atmosphere" and on a list of eight "gay refectories" in Portland in 1911 by a local judge. It had a mens-only dining room. By 1912 it was linked to the clique, especially Kruse and Rigó. Kruse then closed the Louve and opened the Rainbow Grill in October 1913, which advertised "fat, juicy, delicious" oysters and a "Special Men's Grill" with meat of the diner's choosing. It closed in June 1915. [5] [13]
The clique also exposed Hungarian violinist popular in Portland, Rigó Jancsi (known as "Gypsy" Rigó), described by The Oregonian as "violin virtuoso, gipsy of romance, gay Lothario." He had played at the Louvre, perhaps starting in 1909, then was caught in the clique in the November 1912 events. Rigó had previously been embroiled in scandal, eloping with Clara Ward, Princesse de Caraman-Chimay despite still being married to her first husband. The marriage didn't last, as Rigó continued with his "insatiable and well-publicized appetite for women". This also helped clear him of the vice charges. [5]
One of the most prominent members of the vice clique was Edward Stonewall Jackson McAllister, a Portland attorney, Progressive activist, leader in the state Democratic Party, and friend of William Simon U'Ren and C.E.S. Wood. [3]
During his trial, The Morning Oregonian would report that he was charged with committing an "immoral act." [14] According to the written opinion in State v. McAllister, 67 Or 480, 136 P 354, McAllister was charged with committing sodomy with 30 year old "boy victim" Roy Kadel (1882-1934) on October 28, 1912, in McAllister's law office in downtown Portland. The indictment merely stated that his charge was "commit[ting] the crime against nature," which was "too well understood and too disgusting to be herein more fully set forth." But Oregon Supreme Court justice Charles McNary, in his dissent in McAllister, shed more light on the matter:
The testimony of the witness Harry Work is undisputed, and, in narrative form, is that he met Roy Kadel on one of the busy thoroughfares of Portland, and accompanied him unwittingly to the office of the defendant, where both remained in the reception-room until Kadel was beckoned by defendant to enter his private office; that, growing impatient at the failure of Kadel to return, Work stepped into the hall and knocked on the door leading into defendant's private office, whereupon defendant opened the door and Work entered and saw Kadel wiping his penis with a handkerchief; that Work ejaculated [blurted out], "Hello, what is this?" and Kadel replied, "McAllister and I are having a little trade," which, in the parlance of the morally depraved, means the performance of the act defined in the indictment; that Work further stated: "Well, I'm in a hurry; I am going back to the hotel"--and defendant remarked, "All right, boys, I'll see you again"; thereat Work and Kadel stepped into the hallway and were gone.
A warrant for McAllister's arrest was issued November 19. According to a contemporary news report in The Morning Oregonian, he was in Marshfield (now called Coos Bay) on that day, "taking depositions in a legal case." Furthermore, he "was incensed when he heard the nature of the charge that had been lodged against him" and professed his innocence. [15] He promised to return to Portland to face charges, but on November 21, he was arrested on a southbound train at the Medford train station, near the California state line. He denied his identity, but several people in Medford recognized him. [16] He claimed he was headed to Ashland to meet with his law partner, but "authorities believe[d] he was trying to leave the state." [17]
In McAllister's trial, Judge John P. Kavanaugh permitted testimony of acts of sodomy allegedly committed by McAllister with people other than Kadel, "for the purpose of showing mental disposition and casting light on the probability of the committal of the act actually charged." Men testified he was known as "Mother McAllister" at Lownsdale Square, a gay cruising site. The defense argued that these testimonies infringed upon McAllister's constitutional rights. [3] [18] In charging the jury, Kavanaugh gave the following instruction:
The court thinks that a man with normal sexual instincts is incapable of committing the crime, and that it is only a person of abnormal sexual sense that is capable of committing it. So if you were satisfied that one was possessed of this unnatural or abnormal sexual sense, you might infer that he had a motive, a reason or a force, impelling him to do such an act.
The defense would later argue on appeal, successfully, that Kavanaugh made a prejudicial error in giving his personal opinion to the jury rather than stating only matters of law.
McAllister made a closing argument for the defense on his own behalf, described as "an eloquent plea", wherein "he charged that he [was] the victim of a conspiracy." [3] [14] On February 22, 1913, the jury convicted him, but recommended "leniency in punishment." [19] On February 25, he was sentenced to one to five years in the state penitentiary, the maximum sentence called for by statute. Notice of appeal to the Oregon Supreme Court was immediately filed. [3] [20]
Others associated with the clique included William H. Allen, who attempted to commit suicide with chloroform at the YMCA following the exposure, Horace Tabb, physician Harry Start (and witness Robert Ray), clerk and bookkeeper Edward Wedemeyer, George Birdseye, Fred A. Clark, Alonzo "Billy" E. Ream (1856-1930), Earle Van Hulen, Fred Rodby, George Parker, Earl Taylor, Kenneth Hollister, Will Phelps, Horace Tabb (at the Multnomah Hotel) and Lionel Deane. Claude Bronner and Nathan Healy lived with each other at 1731 S.W. Taylor; Healy turned on Bronner, who served time. John Moffitt, a photographer, was caught in the scandal and then advertised his services as "Photographer of Men". [9]
Discussing the scandal, a letter to the editor in the Portland News said "If these degenerating practices were committed by Greeks or Hindus, these lily whites... would be in favor of drowning them in the Willamette [River]." [21] Boag also compares the scandal to a 1894 article in the Evening Telegram, which described "One of the most atrocious crimes ever committed in this city... a big stalwart negro named Fred Jones, a scowdweller...", showing the racist and working-class biases in the city. [22]
Walter Lafferty, Portland's U.S. Representative, vowed to bring the scandal to Washington's attention, though his efforts were short-lived. [23]
The Oregon state legislature responded to the scandal by amending the state's sodomy law via House Bill 145 (1913). The law was clarified and broadened to include "any act or practice of sexual perversity," including fellatio. [2] At the time, courts had previously ruled that sodomy laws similar to Oregon's did not cover oral sex, and it was believed that convictions based on oral rather than anal sex acts might be reversed. Also under H.B. 145, the maximum sentence for sodomy in the state penitentiary was tripled, from five years to fifteen. [24]
As urged by Governor Oswald West, the legislature also passed H.B. 69 (1913), a law to authorize sterilization of "sexual perverts" and "moral degenerates," [25] which were defined as "those addicted to the practice of sodomy or the crime against nature, or to other gross, bestial and perverted sexual habits and practices prohibited by statute." [26]
People opposed to sterilization, including Catholic clergymen and reformers such as William Simon U'Ren, formed the Anti-Sterilization League and successfully forced a referendum on this legislation. Oregon voters repealed it by a vote of 56 percent to 44 in November 1913. However, the legislature passed a similar law in 1917.
The three men who were sentenced to the state penitentiary appealed their convictions — Harry Start, Edward Wedemeyer, and Edward McAllister. [6] The Oregon Supreme Court first heard Start's case in May 1913 and reversed the conviction in State v. Start, 65 Or 178, 132 P 512 (1913), finding that the trial judge had allowed extraneous testimony that possibly prejudiced the jury. Wedemeyer's conviction was also reversed around that time. McAllister's convictions were reversed on the same grounds in November 1913. Justice Charles McNary, a future U.S. Senator, was a new court justice by the time McAllister's appeal was heard. McNary wrote the dissent for McAllister's case, which was emotionally charged and "revealed a deeply seated personal discomfort with same-sex eroticism." Days later McAllister was expelled from the Multnomah Bar Association. In 2000, over 74 years after his death, he was reinstated to the Bar. [3]
Notably, these convictions were not reversed on the basis that oral sex was not covered under Oregon's sodomy law, as the legislature feared the court might rule. In fact, despite legislation previous to Start ensuring that fellatio counted as a "crime against nature," the court ruled that this was necessarily true because, among other reasons, the mouth and anus are both openings of the alimentary canal and therefore equally unsuited to sexual intercourse. [27]
This is a list of notable events in the history of LGBT rights that took place in the 20th century before 1949.
Oswald West was an American politician, a Democrat, who served most notably as the 14th Governor of Oregon.
Charles Linza McNary was an American Republican politician from Oregon. He served in the U.S. Senate from 1917 to 1944 and was Senate Minority Leader from 1933 to 1944. In the Senate, McNary helped to pass legislation that led to the construction of Bonneville Dam on the Columbia River, and worked on agricultural and forestry issues. He also supported many of the New Deal programs at the beginning of the Great Depression. Until Mark Hatfield surpassed his mark in 1993, he was Oregon's longest-serving senator.
Same-sex marriage has been legally recognized in Oregon since May 19, 2014, when Judge Michael J. McShane of the U.S. District Court for the District Court of Oregon ruled in Geiger v. Kitzhaber that Oregon's 2004 state constitutional amendment banning same-sex marriages discriminated on the basis of sexual orientation in violation of the Equal Protection Clause of the U.S. Constitution. A campaign that was then under way to win voter approval of a constitutional amendment legalizing same-sex marriage was suspended following the decision. In July 2015, Governor Kate Brown signed legislation codifying same-sex marriage in various Oregon statutes. The law change went into effect on January 1, 2016.
Rives Kistler is an American attorney and judge in the state of Oregon. After college and law school on the East Coast, he moved to Oregon where he worked in private practice before joining the Oregon Department of Justice. Kistler then joined the Oregon Court of Appeals before appointment to the Oregon Supreme Court in 2003.
Julius L. Meier was an American businessman, civic leader, and politician in the state of Oregon. The son of the Meier & Frank department store founder, he would become a lawyer before entering the family business in Portland. Politically an independent, Meier served a single term as the 20th Governor of Oregon from 1931 to 1935. He is the only independent to be elected Governor of Oregon.
Multnomah College, was a two-year, private college located in Portland in the U.S. state of Oregon. Established in 1897 as the Educational Department of the YMCA in downtown Portland, the school was the oldest fully accredited two-year college in the U.S. Pacific Northwest at the time it was absorbed by the University of Portland (UP) in 1969.
This is a list of notable events in the history of LGBT rights that took place worldwide in the 1950s.
Abraham Walter Lafferty was a U.S. Representative from the state of Oregon. Lafferty spent the majority of his career both as a legislator and as an attorney attempting to have millions of acres of land previously owned by the Oregon and California Railroad come under Oregon state control, rather than the control of the U.S. federal government.
The Kimpton Hotel Vintage Portland, historically known as the Imperial Hotel and also as The Plaza Hotel, is a historic hotel building in downtown Portland, Oregon, United States. It was completed in 1894 and was listed on the National Register of Historic Places in 1985 as "Imperial Hotel". Since 2015, the building has been in use as the Kimpton Hotel Vintage Portland, and prior to then it had been known as the Hotel Vintage Plaza since 1991.
Lesbian, gay, bisexual, and transgender (LGBT) people in the U.S. state of Oregon have the same legal rights as non-LGBT people. Same-sex sexual activity is legal in Oregon, and same-sex marriage has been legal in the state since May 2014 when a federal judge declared the state's ban on such marriages unconstitutional. Previously, same-sex couples could only access domestic partnerships, which guaranteed most of the rights of marriage. Additionally, same-sex couples are allowed to jointly adopt, and discrimination based on sexual orientation and gender identity in the areas of employment, housing and public accommodations is outlawed in the state under the Oregon Equality Act, enacted in 2008. Conversion therapy on minors is also illegal.
Terrence Patrick Bean is an American political fundraiser, a civil rights activist, and LGBT rights movement activist. He is known for co-founding several national LGBT rights organizations, including the Human Rights Campaign and the Gay & Lesbian Victory Fund. As of 2012, he is the CEO and President of Bean Investment Real Estate and resides in Portland, Oregon. Since 2014, Bean had been the subject of sexual assault allegations; all charges were dismissed in January 2022.
The Morgan Building is an office building located in downtown Portland, Oregon, listed on the National Register of Historic Places.
Allen Golden Rushlight was an American politician, businessman, and plumber in the U.S. state of Oregon. A Republican, Rushlight served one term as mayor of Portland, Oregon, and was later elected to three terms in the Oregon House of Representatives.
Michael J. McShane is an American lawyer serving as the chief United States district judge of the United States District Court for the District of Oregon. He previously served as a state court judge on the Oregon Multnomah County Circuit Court from 2001 to 2013.
John R. Harter (1857–1931) was an American politician and real estate investor who served as Mayor of Tillamook, Oregon for two terms, from 1911 to 1913. He resigned his office in July 1913 before information was released in an Oregon Circuit Court case alleging Harter took a payoff to ensure a public works contract.
Lionel D. Deane was an architect in the United States and later part of Brooklyn, New York's art scene. He was born in Nova Scotia, Canada. He is known for his architectural work in northern California and the Pacific Northwest. His career took a hit when he was caught up in a crackdown against Portland's Gay community in 1912.
Eugenics was practiced in about 33 different states. Oregon was one of the many states that implemented eugenics programs and laws. This affected a number of different groups that were marginalized for being "unfit" and often were subject to forced sterilization.
The Portland Police Bureau was founded in 1870, and has been making societal changes in their city before others across the country, naming the first female police officer, Lola Baldwin, in 1908, being the first Bureau to ever do so in the United States. Its interaction with the LGBTQ community dates back to as early as 1912, with the Portland Vice Scandal, which involved many arrests in the community due to “indecency” or even counts of sodomy, when the arrests had little viable evidence and were heavily biased. The community kept low throughout the next few decades, until the early 1960s, when the community began to grow in size along with the rest of the city. Writers for papers such as The Oregon Journal stated: “The unmentionable people are virtually untouchable and they are growing stronger each week.” These reports were odd and prompted some early arrests in the 60s for “sex and pornography offenses” which prompted uproar. After these small incidents, the police became hands off with the LGBTQ community, and throughout the decades have embraced their inclusion in the Portland community, swearing to protect and serve all citizens of Portland. In 1977, the city recognized a national gay pride day, and campaigns against bigoted state measures in the 1990s helped halt discrimination and put Portland on the path to its current inclusive social environment.
The Multnomah Bar Association (MBA) is a voluntary bar association located in Portland, Oregon. The organization is also sometimes referred to as the Multnomah County Bar Association. Although named after Multnomah County membership in the association is open to all lawyers in the State of Oregon. The present MBA was founded in 1906. There was an earlier group of attorneys, also called the Multnomah Bar Association, which appears to have dissolved some time in the early 1900s.