Recalling the Life of Gay Rights Activist Tyron Garner

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FARAI CHIDEYA, host:

I'm Farai Chideya, and this is NEWS & NOTES. He was a hero, but hardly by choice. Tyron Garner was found guilty of sodomy in 1998 in Texas. He and another man appealed all the way to the Supreme Court. In 2003, the court overruled their conviction and the sodomy law it was based on. The decision in Lawrence v. Texas made similar laws in other states unconstitutional. Suddenly, Garner was a hero to gays and lesbians across the country. He recently passed away. Here's more on his life from Ben Philpott from member station KUT in Austin, Texas.

BEN PHILPOTT: Fourteen states had anti-sodomy laws when the Supreme Court finally knocked down the one in Texas. Sodomy laws vary, but they're most often used against gays. Some say they've made every gay person a criminal, whether or not they were ever charged with a crime.

Mr. PAUL SCOTT (Executive Director, Texas Equality): It really affected laws that were used to discriminate against the community in ways that most people don't realize.

PHILPOTT: Paul Scott is executive director of Texas Equality, a gay/lesbian/bisexual/transgender rights and legislative lobby group in Austin, Texas.

Mr. SCOTT: Using the criminal laws, sodomy statutes to claim that a gay or lesbian parent cannot adopt a child because they're a criminal. It was also used to deny jobs and employment to people because, again, they were engaging in criminal behavior, as defined by a statute in various states.

PHILPOTT: Scott says the case is easily one of the most important in the history of the gay rights movement. Not bad for Garner, a person who had never attended a single gay rights or pride event in his life.

Mitchell Katine was part of the Lambda legal team that defended Garner. He says Garner didn't shy away from the attention he received because of the case. He remembered a talk Garner gave to the National Gay and Lesbian Chamber of Commerce.

Mr. MITCHELL KATINE (Attorney): And I remember him telling the group how everybody should do whatever they can to fight for the civil rights of all people, and that this was his moment and he would encourage other people to not be afraid and to - when they see their opportunity to do something, to take that opportunity.

PHILPOTT: Alexander Robinson is executive director and CEO of the National Black Justice Coalition. He says it took an enormous amount of strength to stand firm during the years of appeals, especially since Garner had to fight discrimination and abuse from two fronts - sexual and racial discrimination.

Mr. ALEXANDER ROBINSON (Executive Director, CEO, National Black Justice Coalition): I do believe that it is particularly significant when an African-American gay or lesbian person is willing to come out and be open about their sexual orientation, understanding that what they risk is further marginalization and isolation and discrimination within our society.

PHILPOTT: But even while receiving high praise from gay rights activists for what he did in life, Garner's death didn't exactly draw an equal response. There were national obituaries, and news of his passing did circulate among the gay and lesbian community.

But an initial attempt by Lambda Legal to help his family pay for funeral arrangements only raised a couple hundred dollars. Darrell Garner is Tyron's brother.

Mr. DARRELL GARNER (Tyron's Brother): They had set up a fund for him, but there wasn't no money coming in.

PHILPOTT: At one point, Garner's family thought he would have to be buried in a pauper's grave in Houston. Another brother, Ken Garner, says the family was shocked that so few people would help a man who did so much for the gay community.

Mr. KEN GARNER (Tyron's Brother): The way I look at it is that a whole lot of people should've contributed to make sure that he was buried any kind of way that the family wanted him to. Because if it wasn't for him, that 123, 25-year-old law never would've been legalized here in the state of Texas.

PHILPOTT: Employees of Lambda Legal finally chipped in to pay for Garner's funeral expenses after a few mainstream media outlets began to carry his story. Mitchell Katine says Garner deserved to have a nice send-off. He had a difficult life, but made the most of the chance to make a difference.

Mr. KATINE: The most significant thing in the life of Tyron Garner was to fight for justice and ultimately prevail, which has set a right of privacy and freedom for the entire country. And it's just such a wonderful legacy for him to leave behind.

PHILPOTT: A memorial service for Tyron Garner won't be held until the special urn to hold his ashes has been ordered.

For NPR News, I'm Ben Philpott in Austin.

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