One Magazine
by David Bianco
The 1996 Supreme Court decision that found Colorado's anti-gay Amendment 2
unconstitutional was not the first time the high court ruled in favor of gay
people. In January 1958, the court delivered its first pro-gay ruling in a
landmark decision that allowed lesbian and gay publications to be sent through the mail.
ONE, Inc., a homophile educational organization, was founded in Los Angeles
in 1952 by about a dozen members of the Mattachine Society who wished to
publish a monthly magazine. The name "ONE" (also the magazine's name) was
chosen from a quote by 19th-century British essayist Thomas Carlyle: "A
mystical bond of brotherhood makes all men one."
One of the magazine's early editors, Martin Block, later said its underlying
message was that people could be proud to be gay. "That in itself was radical," he noted.
ONE appeared in January 1953 with the Carlyle quote on the first page.
It featured articles on the Mattachine Society and several personal essays.
From the beginning, the founders insisted on a professional look; even though
they were paying the initial publication costs themselves, they opted to
typeset and print ONE instead of mimeographing it. The magazine distinguished
itself with bold graphics, eye-catching artwork and, eventually, paid
advertising (one of the first ads was for men's pajamas).
found a pool of eager subscribers in the membership of the
Mattachine Society, and, within a few months, the magazine was selling 2,000 copies a month.
Besides drawing gay readers, however, ONE also caught the attention of
law enforcement officials. In July 1953, the FBI initiated a full-scale
investigation and even wrote letters to the employers of ONE's editors,
advising them that their employees were "deviants" and "security risks."
Despite these underhanded tactics, none of the ONE staffers lost their
day jobs, and the FBI never succeeded in shutting the magazine down.
Postal authorities, however, were nearly able to close the magazine
several times. The first time was in August 1953, when the Los Angeles postmaster
seized all copies of ONE on the grounds that its content was obscene.
But U.S. Post Office officials in Washington decided that ONE did not
violate federal law. The following year, a Republican senator from Wisconsin,
Alexander Wiley, renewed the attack on ONE, writing to the Postmaster
General to protest "the use of the United States mails to transmit a
so-called 'magazine' devoted to the advancement of sexual perversion."
Wiley's letter led to a second effort by the Post Office to keep ONE
out of the hands of its subscribers.
In October 1954, postal officials once again seized the magazine and
charged the editors with sending obscene material through the mail, a violation of
the 1873 Comstock Act. The editors hired a heterosexual defense attorney,
who argued in federal district court that ONE was educational and strove
simply "to create understanding of an extremely knotty social problem." But the
judge ruled for the Post Office, and on appeal, a second judge concurred, dismissing ONE as "cheap pornography."
Determined, ONE took its case all the way to the Supreme Court. On January
13, 1958, the Court delivered an astonishing unanimous pro-gay decision,
overturning the rulings of the two lower courts and limiting the power of
the Comstock Act. As a result, lesbian and gay publications could be mailed
without legal repercussions, though many continued to experience harassment from the Post Office and U.S. Customs.
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