I thought that the anti-sodomy laws had been declared unconstitutional back in 2003 when Lawrence v. Texas was decided. It looks like I was wrong.
A federal appeals court on Tuesday invalidated Virginia’s law prohibiting anal and oral sex, citing the landmark U.S. Supreme Court decision in Lawrence v. Texas that held Texas’ anti-sodomy law unconstitutional. In a 2-1 decision, the U.S. Court of Appeals for the Fourth Circuit held that the state’s provision banning “crimes against nature,” which include “’carnal knowledge’ by one person of another by the anus or the mouth” “cannot be squared with Lawrence.” The 2003 high court decision held that “statutes criminalizing private acts of consensual sodomy between adults are inconsistent with the protections of liberty” in the Fourteenth Amendment’s due process clause.
Fourteen states still have sodomy laws on the books, including Texas – the state whose law was invalidated by the U.S. Supreme Court’s decision in Lawrence. While Texas notes the Lawrence decision in its penal code, it takes a full act of the legislature to repeal a statute, and the legislature’s supermajority has not let the repeal come to a vote. Four other states only criminalize sodomy if you’re gay. Although most of these statutes are rarely if ever.
I thought bedroom practices were legal now. Silly me. Why should the government care? This is probably what happens when you allow the mayor of a city to determine what size soda you drink.
This just seems like a realm that government needs to stay away from. Forced ultrasounds, regulated contraception, etc are sure to follow.
Meanwhile, these states with unconstitutional laws on the books need to clean up their codes. This includes Virginia. It looks like the walls are tumbling down on this kind of interference and rule of the majority. I wonder if ken is happy over this decision?