This is no longer the case in the United States, since such laws were ruled unconstitutional by the Supreme Court in 2003 in Lawrence v. In particular, gay material might constitute evidence of an illegal act under sodomy laws in many jurisdictions. During much of that time, any sexual depiction had to remain underground because of obscenity laws. Homoeroticism has been present in photography and film since their invention. Eakins himself appears in the water at bottom right – 'in signature position, so to speak.' According to Jonathan Weinberg, The Swimming Hole marked the beginning of homoerotic imagery in American art. The painting has been 'widely cited as a prime example of homoeroticism in American art'. The Swimming Hole (1884–85) by the American artist Thomas Eakins (1844–1916) is regarded as a masterpiece of American painting, and has been called 'the most finely designed of all his outdoor pictures'.
