MAP: Has Your State Banned Sodomy?

[n2doc]

— By Tim Murphy| Tue Apr. 19, 2011 8:29 AM PDT
Last week we reported on the debate in the Texas state legislature over whether to repeal to the state's ban on "homosexual conduct." It's been eight years since the Supreme Court officially knocked down anti-sodomy laws as unconstitutional in Lawrence v. Texas, but Texas' state legislature has thus far refused to remove the law from the books—in large part because most Texas Republicans still support it. In 2010, the state GOP made defense of the anti-sodomy statute part of its platform, calling for the state to effectively ignore the the law of the land: "We demand that Congress exercise its authority granted by the U.S. Constitution to withhold jurisdiction from the federal courts from cases involving sodomy." Gov. Rick Perry, meanwhile, dismissed the Lawrence decision as the product of "nine oligarchs in robes" (never mind that it was a 6–3 decision).

But Texas isn't the only state that's still legislating bedroom activity. Fourteen states currently have laws on the books outlawing anal sex between two consenting, unrelated adults—referred to variously as "deviate sexual conduct," "the infamous crime against nature," "sodomy," and "buggery." And it's taken a concerted effort to keep those laws on the books. Since Lawrence, efforts to formally repeal laws in Montana, Kansas, Utah, Louisiana, North Carolina, and, most notably, Texas have all faced resistance before fizzling out in their respective state legislatures. Conservatives in those states know they can't enforce the laws, but by keeping them in the code, they can send a message that homosexuality is officially condemned by the government. So which states still outlaw butt sex? Here's a map:



http://motherjones.com/mojo/2011/04/map-has-your-state-banned-sodomy

[virgogal]

1. Michigan surprises me.

[RetiredTrotskyite]

9. It Doesn't Surprise Me In the Least

The ignorance and bigotry that I had to put up with when living there was a big part of my decision to head west.

[virgogal]

10. I'll be darned. I've never been there but assumed it would

be a fairly liberal state.

[roguevalley]

14. all hail the pacific rim. even alaska isn't as stupid as some places.

:0)

[Proud Liberal Dem]

2. I thought that Lawrence v. Texas declared that sodomy laws were unconstitutional

Or did the ruling just apply to Texas (unlikely) or is Mother Jones referring to states with vestigial statutes still on the books? :shrug:

[n2doc]

5. It did (they are referring to the latter)

But it can also be reversed, and if so, these laws become enforceable.

[Proud Liberal Dem]

6. Thanks for the clarification

n/t

[TheWraith]

12. It won't be reversed.

Supreme Court decisions usually only get reversed if they present a clear and obvious abrogation of justice. And I can't remember any cases where they reversed a decision in order to provide fewer protections to individual rights.

[n2doc]

15. I wouldn't be so smug

Seems like the Miranda rights and even Habeas Corpus itself have been seriously weakened by the Roberts Court. I could see them overturning this. Remember Bush vs. Gore?

[Poll_Blind]

3. I'm grateful to see I can sodomize and be sodomized up and down the West Coast.

This is good. I am all about "unnatural" sex between two consenting adults. Sometimes, in costume.



Unfortunately, sex with me is always classified as "supernatural" and I'm unsure if any of the other laws would apply to that.

PB

[virgogal]

11. And you'd be welcomed here in New England too.

[vim876]

4. What gets me...

Is the ones where it's only illegal if you're gay. If using the backdoor is an abomination, isn't it an abomination for everyone?

[Proud Liberal Dem]

7. Don't go looking for consistency and/or logic

where none can ever possibly hope to be found- namely the states where this is apparently the case. :banghead:

Don't go chasing waterfalls........

[TheWraith]

13. There is no consistent definition of "sodomy."

That's why it varies so much. The word "sodomy" is variously defined as anal sex; oral and anal sex; any type of non-coital sexual contact; penetrative sex between two men; any sexual conduct between two men; any sexual conduct between two members of the same sex; forced sex other than sexual intercourse; and sex with animals (though I believe only the Uniform Code of Military Justice defines that as "sodomy").

So Texas and Michigan might both ban "sodomy," but the states might have very different ideas of what "sodomy" is.

[William769]

8. I live in Florida.

I'll let them put cameras in my bedroom, only if I get to charge admission. In Florida it's only a misdemeanor. A little time for alot of money plus I can interview potential candidates. Win Win!

[Sirveri]

16. It's also illegal according to the UCMJ.

Another thing to think about. And I doubt that will change anytime soon.

[DeadEyeDyck]

18. no matter how slight the penetration n/t

[hailhydra]

17. Wow...

I'm totally shocked at some of the midwest states - Indiana and Kentucky especially.

And Arizona too? But don't remind them or they might come up with some sort of certificate you need in order to practice the art of sodomy...