Tuesday, August 9, 2011

Via AmericablogGay: 18 states refusing to take sodomy laws off the books

Even though they were struck down by the Supreme Court several years ago. From Media Matters:

In Lawrence v. Texas (2003), the U.S. Supreme Court ruled 6-3 that Texas’ sodomy statute was unconstitutional, marking a major legal victory on the path towards LGBT equality. 

Eight years later, however, eighteen states still refuse to rewrite their laws and take these anti-gay relics off their books, with countless LGBT Americans continuing to feel their devastating effects as a result. Several state legislatures and courts have exploited loopholes in the Lawrence decision, while others have simply refused to acknowledge the decision altogether.

In some states, keeping sodomy laws on the books can result in abuse even in cases where sexual intercourse hasn’t occurred. In 2009, two gay men were kicked out of an El Paso restaurant for kissing in public. When the men called the police, officers informed them that "it was illegal for two men to kiss in public and said they could be cited for ‘homosexual conduct,’” even though the state statute only prohibits “deviate sexual intercourse with another individual of the same sex.” 

The local police department eventually claimed that the officers involved were “relatively inexperienced,” but the incident demonstrates the ease with which seemingly dormant anti-sodomy laws can quickly turn into weapons to be used against LGBT citizens.

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