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Sodomy laws in the United States

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Decriminalization of same-sex sexual intercourse in the United States
  1962
  1971
  1972
  1973
  1974
  1975
  1976
  1977
  1978
  1979
  1980
  1983
  1985
  1992
  1993
  1996
  1997
  1998
  1999
  2001
  2003
Current status of state statutes regarding sodomy and beastiality. All sodomy statues have been invalidated (ruled unconstitutional) by state courts and/or Lawrence v Texas, but 14 have not been repealed by their state legislatures.
  No statute banning sodomy
  Statute bans bestiality
  Statute bans same-sex sodomy
  Statute bans sodomy
Sex and the law
Social issues
Specific offences
(varies by jurisdiction)
Sex offender registration
Portals

Sodomy laws in the United States, which outlawed a variety of sexual acts, were inherited from colonial laws in the 17th century.[1] While they often targeted sexual acts between persons of the same sex, many statutes employed definitions broad enough to outlaw certain sexual acts between persons of different sexes, in some cases even including acts between married persons.

Through the 20th century, the gradual decriminalization of American sexuality led to the elimination of sodomy laws in most states. During this time, the Supreme Court upheld the constitutionality of sodomy laws in Bowers v. Hardwick in 1986. However, in 2003, the Supreme Court reversed the decision with Lawrence v. Texas, invalidating sodomy laws in the remaining 14 states: Alabama, Florida, Idaho, Kansas, Louisiana, Michigan, Mississippi, Missouri, North Carolina, Oklahoma, South Carolina, Texas, Utah and Virginia.

History

Up to Lawrence v. Texas

Colin Talley argues that the sodomy statutes in colonial America in the 17th century were largely unenforced. The reason he argues is that male-male eroticism did not threaten the social structure or challenge the gendered division of labor or the patriarchal ownership of wealth.[2] There were gay men on General Washington's staff and among the leaders of the new republic,[3] even though in Virginia there was a maximum penalty of death for sodomy. In 1779, Thomas Jefferson tried to reduce the maximum punishment to castration.[4] It was rejected by the Virginia legislature.[5] Justice Anthony Kennedy authoring the majority opinion in Lawrence v. Texas stated that American laws targeting same-sex couples did not develop until the last third of the 20th century and also wrote that:[6]

Early American sodomy laws were not directed at homosexuals as such but instead sought to prohibit nonprocreative sexual activity more generally, whether between men and women or men and men. Moreover, early sodomy laws seem not to have been enforced against consenting adults acting in private. Instead, sodomy prosecutions often involved predatory acts against those who could not or did not consent: relations between men and minor girls or boys, between adults involving force, between adults implicating disparity in status, or between men and animals.

Prior to 1962, sodomy was a felony in every state, punished by a lengthy term of imprisonment and/or hard labor. In that year, the Model Penal Code (MPC) — developed by the American Law Institute to promote uniformity among the states as they modernized their statutes — struck a compromise that removed consensual sodomy from its criminal code while making it a crime to solicit for sodomy. In 1962, Illinois adopted the recommendations of the Model Penal Code and thus became the first state to remove criminal penalties for consensual sodomy from its criminal code,[7] almost a decade before any other state. Over the years, many of the states that did not repeal their sodomy laws had enacted legislation reducing the penalty. At the time of the Lawrence decision in 2003, the penalty for violating a sodomy law varied very widely from jurisdiction to jurisdiction among those states retaining their sodomy laws. The harshest penalties were in Idaho, where a person convicted of sodomy could earn a life sentence. Michigan followed, with a maximum penalty of 15 years' imprisonment while repeat offenders got life.[8]

By 2002, 36 states had repealed their sodomy laws or their courts had overturned them. By the time of the 2003 Supreme Court decision, the laws in most states were no longer enforced or were enforced very selectively. The continued existence of these rarely enforced laws on the statute books, however, are often cited as justification for discrimination against gay men, lesbians, and bisexuals.

On June 26, 2003, the U.S. Supreme Court in a 6–3 decision in Lawrence v. Texas struck down the Texas same-sex sodomy law, ruling that this private sexual conduct is protected by the liberty rights implicit in the due process clause of the United States Constitution. This decision invalidated all state sodomy laws insofar as they applied to noncommercial conduct in private between consenting civilians and reversed the Court's 1986 ruling in Bowers v. Hardwick that upheld Georgia's sodomy law.

Before that 2003 ruling, 27 states, the District of Columbia, and 4 territories had repealed their sodomy laws by legislative action; 9 states had had them overturned or invalidated by state court action; 4 states still had same-sex sodomy laws; and 10 states, Puerto Rico, and the U.S. military had anti-sodomy laws applying to all regardless of sex or gender.

After Lawrence v. Texas

In 2005, Puerto Rico repealed its sodomy law, and in 2006, Missouri repealed its law against "homosexual conduct". In 2013, Montana removed "sexual contact or sexual intercourse between two persons of the same sex" from its definition of deviate sexual conduct, Virginia repealed its lewd and lascivious cohabitation statute, and sodomy was legalized in the US armed forces.

In 2005, basing its decision on Lawrence, the Supreme Court of Virginia in Martin v. Ziherl invalidated § 18.2-344, the Virginia statute making fornication between unmarried persons a crime.[9]

Louisiana's statutes still include "unnatural carnal copulation by a human being with another of the same sex" in their definition of "crimes against nature", punishable (in theory) by a fine of up to $2,000 or a prison sentence of up to five years, with or without hard labor;[10] however, this section was further mooted by the United States Court of Appeals for the Fifth Circuit in 2005 in light of the Lawrence decision.[11]

In State v. Whiteley (2005), the North Carolina Court of Appeals ruled that the crime against nature statute, N.C. G.S. § 14-177,[12] is not unconstitutional on its face because it may properly be used to criminalize sexual conduct involving minors, non-consensual or coercive conduct, public conduct, and prostitution.[13]

On January 31, 2013, the Senate of Virginia passed a bill repealing § 18.2-345, the lewd and lascivious cohabitation statute enacted in 1877. On February 20, 2013, the Virginia House of Delegates passed the bill by a vote of 62 to 25 votes. On March 20, 2013, Governor Bob McDonnell signed the repeal of the lewd and lascivious cohabitation statute from the Code of Virginia.[14]

On March 12, 2013, a three-judge panel of the Court of Appeals for the Fourth Circuit struck down § 18.2-361, the crimes against nature statute. On March 26, 2013, Attorney General of Virginia Ken Cuccinelli filed a petition to have the case reheard en banc, but the Court denied the request on April 10, 2013, with none of its 15 judges supporting the request.[15] On June 25, Cuccinelli filed a petition for certiorari asking the U.S. Supreme Court to review the Court of Appeals decision, which was rejected on October 7.[16][17]

On February 7, 2014, the Virginia Senate voted 40-0 in favor of revising the crimes against nature statue to remove the ban on same-sex sexual relationships. On March 6, 2014, the Virginia House of Delegates voted 100-0 in favor of the bill. On April 7, the Governor submitted slightly different version of the bill. It was enacted by the Legislature on April 23, 2014. The law took effect upon passage.[18]

In April 2014, a proposed Louisiana bill sought to revise the state's crime against nature law, maintaining the existing prohibition against sodomy during the commission of rape and child sex abuse, and against sex with animals, but removing the unconstitutional prohibition against sex between consenting adults. The bill was defeated on April 15, 2014 by a vote of 66 to 27.[19]

Utah voted to revise its sodomy laws to include only forcible sodomy and sodomy on children rather than any sexual relations between consenting adults on February 26, 2019.[20] Governor Gary Herbert signed the bill into law on March 26, 2019.[21][22]

On May 23, 2019, the Alabama House of Representatives passed, with 101 voting yea and 3 absent, Alabama Senate Bill 320, which repeals the ban on "deviate sexual intercourse". On May 28, 2019, the Alabama State Senate passed Alabama Senate Bill 320, with 32 yea and 3 absent. The bill took effect on September 1, 2019.[23][24]

Maryland voted to repeal its sodomy law on March 18, 2020. The bill became law in May 2020 without the signature of Governor Larry Hogan.[25] While the original text of the bill intended to repeal both the state's sodomy law and unnatural or perverted sexual practice law, amendments from the Maryland Senate urged to solely repeal the sodomy law.[26] On March 31, 2023, the Maryland legislature voted to repeal the unnatural and perverted sexual practice law. The bill was sent to Governor Wes Moore for signature. As he did not veto the bill within 30 days of passage, Moore allowed for the bill to become law without his signature, with the repeal set to take effect on October 1, 2023.[27]

Idaho repealed its sodomy law in March 2022.[28] The repeal was a result of a lawsuit brought on in September 2020 by a plaintiff known as John Doe. John Doe alleged his constitutional rights were violated when he was forced to register as a sex offender upon moving to Idaho due to a conviction for "oral sex" two decades prior.[29]

In March 2023, the Texas House committee on Criminal Jurisprudence unanimously passed House Bill 2055 that would repeal its “homosexual conduct” law criminalizing gay sex. The bill’s author, Rep. Venton Jones, D-Dallas, agreed to amend the bill to keep portions of current law that say “homosexuality is not a lifestyle acceptable to the general public” in order to get it passed out of committee.[citation needed] It did not receive a vote in the State House before the deadline.

On May 17, 2023, the Minnesota legislature passed an Omnibus Judiciary and Public Safety Bill that included provisions repealing the state's sodomy, adultery, fornication, and abortion laws. On May 19 the Governor signed the pill into law. It took effect the following day.[30]

As of March 2023, 13 states either have not yet formally repealed their laws against sexual activity among consenting adults or have not revised them to accurately reflect their true scope as a result of Lawrence v. Texas. Often, the sodomy law was drafted to also encompass other forms of sexual conduct such as bestiality, and no attempt has subsequently succeeded in separating them. Eleven states' statutes purport to ban all forms of sodomy, some including oral intercourse, regardless of the participants' genders: Florida, Georgia, Louisiana, Maryland, Massachusetts, Michigan, Mississippi, North Carolina, Oklahoma and South Carolina. Three states specifically target their statutes at same-sex relations only: Kansas,[31][32] Kentucky, and Texas.

Researchers have shown that sodomy law repeals led to a decline in the number of arrests for disorderly conduct, prostitution, and other sex offenses, as well as a reduction in arrests for drug and alcohol consumption, in line with the hypothesis that sodomy law repeals enhanced mental health and lessened minority stress. [33]

Federal law

Sodomy laws in the United States were largely a matter of state rather than federal jurisdiction, except for laws governing the District of Columbia and the U.S. Armed Forces.

District of Columbia

In 1801, the 6th United States Congress enacted the District of Columbia Organic Act of 1801, a law that continued all criminal laws of Maryland and Virginia, with those of Maryland applying to the portion of the District ceded from Maryland and those of Virginia applying to the portion ceded from Virginia. As a result, in the Maryland-ceded portion, sodomy was punishable with up to seven years' imprisonment for free persons and with the death penalty for enslaved persons, whereas in the Virginia-ceded portion it was punishable between one and ten years' imprisonment for free persons and with the death penalty for enslaved persons. Maryland repealed the death penalty for slaves in 1809 and modified the penalty for all persons to match Virginia's terms of imprisonment. In 1847, the Virginia-ceded portion was given back to Virginia, thus only the Maryland law had effect in the district.[34]

In 1871, Congress enacted the District of Columbia Organic Act of 1871, a law that reorganized the district government and granted it home rule. All existing laws were retained unless and until expressly altered by the new city council. Direct rule was reinstated in 1874. In Pollard v. Lyon (1875), the U.S. Supreme Court upheld a District of Columbia U.S. District Court ruling that spoken words by the defendant in the case that accused the plaintiff of fornication were not actionable for slander because fornication, although involving moral turpitude, was not an indictable offense in the District of Columbia at the time as it had not been an indictable offense in Maryland since 1785 (when a provincial law passed in 1715 that banned both fornication and adultery saw only its fornication prohibition repealed).[35] The criminal status of sodomy became ambiguous until 1901, when Congress passed legislation recognizing common law crimes, punishable with up to five years' imprisonment and/or a fine of $1,000.[34]

In 1935, Congress made it a crime in the district to solicit a person "for the purpose of prostitution, or any other immoral or lewd purpose". In 1948, Congress enacted the first law specific to sodomy in the district, which established a penalty of up to 10 years in prison or a fine of up to $1,000, regardless of sexuality. Oral sex was included in the law's application. Also included with this law was a psychopathic offender law and a law "to provide for the treatment of sexual psychopaths".[34] The metropolitan police department eventually had several officers whose sole job was to "check on homosexuals". Multiple court cases dealt with the issue in the following years. Many of the published sodomy and solicitation cases during the 1950s and 1960s reveal clear entrapment policies by the local police, some of which were disallowed by reviewing courts. In 1972, settling the case of Schaefers et al. v. Wilson, the D.C. government announced its intention not to prosecute anyone for private, consensual adult sodomy, an action disputed by the U.S. Attorney for the District of Columbia. The action came as part of a stipulation agreement in a court challenge to the sodomy law brought by four gay men.[34]

In 1973, Congress again granted the district home rule through the District of Columbia Home Rule Act. It provided for a new city council that could pass its own laws. However laws regarding certain topics, such as changes to the criminal code, were restricted until 1977. All laws passed by the D.C. government are subject to a mandatory 30-day "congressional review" by Congress. If they are not blocked, then they become law.[36] In 1981, the D.C. government enacted a law that repealed the sodomy law, as well as other consensual acts, and made the sexual assault laws gender neutral. However, the Congress overturned the new law.[37] A successful legislative repeal of the law followed in 1993. This time, Congress did not interfere.[38][34] In 1995, all references to sodomy were completely removed from the criminal code, and in 2004, the D.C. government repealed an outdated law against fornication.[39]

Military

Main article: Section 839(a) of title 10 United States Code § 925 - Article 125.

Although the U.S. military discharged soldiers for homosexual acts throughout the eighteenth and nineteenth century, U.S. military law did not expressly prohibit homosexuality or homosexual conduct until February 4, 1921.[40]

On March 1, 1917, the Articles of War of 1916 were implemented. This included a revision of the Articles of War of 1806, the new regulations detail statutes governing U.S. military discipline and justice. Under the category Miscellaneous Crimes and Offences, Article 93 states that any person subject to military law who commits "assault with intent to commit sodomy" shall be punished as a court-martial may direct.[41]

On June 4, 1920, Congress modified Article 93 of the Articles of War of 1916. It was changed to make the act of sodomy itself a crime, separate from the offense of assault with intent to commit sodomy.[41] It went into effect on February 4, 1921.[42]

On May 5, 1950, the Uniform Code of Military Justice was passed by Congress and was signed into law by President Harry S. Truman, and became effective on May 31, 1951. Article 125 forbids sodomy among all military personnel, defining it as "any person subject to this chapter who engages in unnatural carnal copulation with another person of the same or opposite sex or with an animal is guilty of sodomy. Penetration, however slight, is sufficient to complete the offence."[41]

As for the U.S. Armed Forces, the Court of Appeals for the Armed Forces has ruled that the Lawrence v. Texas decision applies to Article 125, severely narrowing the previous ban on sodomy. In both United States v. Stirewalt and United States v. Marcum, the court ruled that the "conduct [consensual sodomy] falls within the liberty interest identified by the Supreme Court,"[43] but went on to say that despite the application of Lawrence to the military, Article 125 can still be upheld in cases where there are "factors unique to the military environment" that would place the conduct "outside any protected liberty interest recognized in Lawrence."[44] Examples of such factors include rape, fraternization, public sexual behavior, or any other factors that would adversely affect good order and discipline. Convictions for consensual sodomy have been overturned in military courts under Lawrence in both United States v. Meno[45] and United States v. Bullock.[46]

Repeal

On December 26, 2013, President Barack Obama signed into law the National Defense Authorization Act for Fiscal Year 2014, which repealed the ban on consensual sodomy found in Article 125.[47]

State and territorial laws prior to Lawrence v. Texas

Below is a table of sodomy laws and penalties in U.S. states and territories prior to their invalidation in 2003.[48][49]

The table indicates which acts or groups were covered under each sodomy law, as pertaining to consenting adults. It also indicates the year and method of repeal or strikedown.

State or
territory 		Year of
repeal or
strikedown 		Covered Invalidated by
Oral sex Anal sex Homosexual
couples 		Unmarried
heterosexual
couples 		Married
couples
Alabama 2003
Alaska 1971/
1980
  • Legislative repeal
    • 1971: Oral sex decriminalized
    • 1980: Anal sex decriminalized
American
Samoa 		1979 N/A
  • Legislative repeal (1979)
Arizona 2001
  • Legislative repeal
Arkansas 1975/
2001/
2005
  • Legislative repeal (1975, reinstated against same-sex 1977)
  • Arkansas Supreme Court
    (Jegley v. Picado)[50]
  • Legislative repeal (2005, separate ban on bestiality)[51]
California 1976 N/A
  • Legislative repeal
Colorado 1972 N/A
  • Legislative repeal
Connecticut 1971 N/A
  • Legislative repeal
Delaware 1973 N/A
  • Legislative repeal
District of
Columbia 		1993 N/A
  • Legislative repeal
  • Legislative repeal (1995)
  • Legislative repeal (2004)
Florida 2003
  • U.S. Supreme Court (Lawrence v. Texas);
    NOTE: Franklin v. State, 1971, struck down original "crimes against nature" statute; sodomy still could be prosecuted under a separate statute against "unnatural and lascivious acts";[52] law against adultery also retained[53]
Georgia 1998
Guam 1978 N/A
  • Legislative repeal
Hawaii 1973 N/A
  • Legislative repeal
Idaho 1971/
2003
  • Legislative repeal (1971,
    laws reinstated 1972)
  • U.S. Supreme Court
    (Lawrence v. Texas)
  • Legislative repeal (2022)
Illinois 1962 N/A
  • Legislative repeal, the first state to do so
Indiana 1976 N/A
  • Legislative repeal
Iowa 1978 N/A
  • Legislative repeal
Kansas 2003
  • Legislative repeal (1969 for heterosexuals, same-sex sexual activity still illegal - the first state to target LGBT people)[54]
  • U.S. Supreme Court
    (Lawrence v. Texas)
Kentucky 1992
Louisiana 2003
  • U.S. Supreme Court
    (Lawrence v. Texas)
Maine 1976 N/A
  • Legislative repeal
Maryland 1999
  • Maryland Court of Appeals
    • Schochet v. State (1990)
      (heterosexuals)[56]
    • Williams v. Glendening (1998)
      (oral sex, homosexuals, ruling)
    • Williams v. Glendening (1999)
      (anal sex, consent decree)
  • Partial legislative repeal since October 1, 2020.[57]
  • Legislative action (2023) repealing since 1 October 2023 the offense of "Unnatural or perverted sexual practice"[58]
Massachusetts 1974
Michigan 1990/
2003
Minnesota 2001
Mississippi 2003
  • U.S. Supreme Court
    (Lawrence v. Texas)
Missouri 1999/
2003
  • Missouri Court of Appeals,
    Western District
    (State of Missouri v. Cogshell) (1999)
    (Western District counties only)
  • U.S. Supreme Court
    (Lawrence v. Texas)
    (rest of Missouri)
  • Legislative repeal (2006)
Montana 1997
  • Legislative action (1974)
    (heterosexual oral and anal sex only - the reference to "crimes against nature" was repealed and replaced with "deviate sexual relations"[67])
  • Montana Supreme Court
    (Gryczan v. State)[68]
  • Legislative action (2013) repealed "deviant sexual relations"[69][70]
Nebraska 1978 N/A
  • Legislative repeal
Nevada 1993 N/A
  • Legislative repeal
New
Hampshire 		1975 N/A
  • Legislative repeal
New Jersey 1978 N/A
  • Legislative repeal
New Mexico 1975 N/A
  • Legislative repeal
New York 1980/
2000
North Carolina 2003
  • U.S. Supreme Court
    (Lawrence v. Texas)
Northern
Mariana
Islands 		1983 N/A
  • Legislative repeal
North Dakota 1973 N/A
  • Legislative repeal
Ohio 1974 N/A
  • Legislative repeal
Oklahoma 1988/
2003
Oregon 1972 N/A
  • Legislative repeal
Pennsylvania 1972/
1980
  • Legislative action, 1972
    (married couples only)
  • Supreme Court of Pennsylvania
    (Commonwealth v. Bonadio)
    (all other relationships)[71]
  • Legislative repeal, 1995 (all other relationships)
  • Legislative repeal, 2022 (removal of homosexuality from criminal obscenity law)[72]
Puerto Rico 1974/
2003
  • Legislative action (1974)
    (heterosexual oral sex only)
  • U.S. Supreme Court
    (Lawrence v. Texas)
    (all other forms)
  • Legislative repeal (2006)[73]
Rhode Island 1998
  • Legislative repeal
South Carolina 2003
  • U.S. Supreme Court
    (Lawrence v. Texas)
South Dakota 1977 N/A
  • Legislative repeal
Tennessee 1996
Texas 2003
  • Legislative action (1974)
    (heterosexual oral and anal sex only - the reference to "sodomy" was repealed and replaced with "homosexual conduct"[76])
  • U.S. Supreme Court
    (Lawrence v. Texas)
Utah 1971/
2003
  • Legislative repeal (1971, reinstated in full 1972)
  • U.S. Supreme Court
    (Lawrence v. Texas)
  • Legislative repeal (2019)
Vermont 1977 N/A
  • Legislative repeal
Virgin Islands 1985 N/A
  • Legislative repeal
Virginia 2003
Washington 1976 N/A
  • Legislative repeal
West Virginia 1976 N/A
  • Legislative repeal
Wisconsin 1983 N/A
  • Legislative repeal
Wyoming 1977 N/A
  • Legislative repeal

See also

References

  1. ^ Eskridge, William N. (2009). Gaylaw: Challenging the Apartheid of the Closet. Harvard University Press. p. 161. ISBN 9780674036581.
  2. ^ Colin L. Talley, "Gender and male same-sex erotic behavior in British North America in the seventeenth century." Journal of the History of Sexuality (1996): 385-408. online
  3. ^ William E Benemann, Male-Male Intimacy in Early America: Beyond Romantic Friendships (2006).
  4. ^ "Amendment VIII: Thomas Jefferson, A Bill for Proportioning Crimes and Punishments". Press-pubs.uchicago.edu. Archived from the original on 2014-02-04. Retrieved 2014-03-11.
  5. ^ Patricia S. Ticer, State Senator (D-30) in the. "Virginia". Glapn.org. Archived from the original on 2011-10-04. Retrieved 2011-08-31.{{cite web}}: CS1 maint: numeric names: authors list (link)
  6. ^ Lawrence v. Texas, 539 U.S. 558 (2003).
  7. ^ Canaday, Margot (September 3, 2008). "We Colonials: Sodomy Laws in America". The Nation. Archived from the original on January 26, 2014. Retrieved February 7, 2014.
  8. ^ Michigan Penal Code Chapter 750.158 Crime against nature or sodomy
  9. ^ Google Scholar: Martin v.Ziherl, accessed April 9, 2011
  10. ^ "Louisiana RS 14:89". Legis.state.la.us. Archived from the original on 2013-08-03.
  11. ^ "Sodomy law revisions are upheld on appeal, Times-Picayune". Nola.com. Archived from the original on 2015-10-18. Retrieved 2012-03-18.
  12. ^ "G.S. § 14-177". Ncga.state.nc.us. Archived from the original on 2014-02-21. Retrieved 2013-12-05.
  13. ^ "State v. Whiteley, 172 NC App 772 (04-636) 08/16/2005". Aoc.state.nc.us. Archived from the original on 2008-10-12. Retrieved 2014-03-11.
  14. ^ "SB 969". Open:States. Archived from the original on December 24, 2013. Retrieved April 13, 2013.
  15. ^ "Ken Cuccinelli Loses Petition To Uphold Anti-Sodomy Law". The Huffington Post. 10 April 2013. Archived from the original on 2013-04-13. Retrieved 2013-04-10.
  16. ^ "Ken Cuccinelli Appeals To Defend Virginia's Anti-Sodomy Law At Supreme Court". Huffington Post. June 25, 2013. Archived from the original on July 2, 2013.
  17. ^ "Court won't hear Va. appeal over sodomy law". USA Today. October 7, 2013. Archived from the original on October 25, 2017.
  18. ^ "LIS > Bill Tracking > SB14 > 2014 session". Leg1.state.va.us. Archived from the original on 2014-03-10. Retrieved 2014-04-25.
  19. ^ O'Donoghue, Julia (April 15, 2014). "Louisiana House votes 27-66 to keep unconstitutional anti-sodomy law on the books". Times-Picayune. Archived from the original on April 16, 2014. Retrieved April 16, 2014.
  20. ^ "Adultery and sodomy among consenting adults closer to being legal in Utah". 26 February 2019.
  21. ^ "Governor Signs Bill Making Adultery and Sodomy Legal Between Consenting Adults – KDXU 94.9 890".
  22. ^ "Adultery and sodomy among consenting adults are no longer illegal in Utah". 26 March 2019.
  23. ^ Act 2019-465, SB320
  24. ^ AL SB 320
  25. ^ "Maryland Legislation HB0081". mgaleg.maryland.gov.
  26. ^ "Maryland HB81 | 2020 | Regular Session". LegiScan. Retrieved 2020-09-11.
  27. ^ "Bill to repeal Md. sodomy law to take effect without governor's signature". The Washington Blade. May 19, 2023. Retrieved May 19, 2023.
  28. ^ "Idaho S1325 | 2022 | Regular Session".
  29. ^ Rebecca, Boone (September 24, 2020). "Idaho man sues over state's anti-sodomy law". Washington Post.
  30. ^ "SF 2909 Status in the Senate for the 93rd Legislature (2023 - 2024)". www.revisor.mn.gov. Retrieved 2023-05-19.
  31. ^ Kan. Stat. Ann. § 21-3505 (2010).
  32. ^ Sulzberger, A.G. (20 Jan 2012), "Kansas Law on Sodomy Stays on Books Despite a Cull", The New York Times, nytimes.com, archived from the original on January 22, 2012, retrieved 21 Jan 2012, A version of this article appeared in print on January 21, 2012, on page A13 of the New York edition with the headline: Kansas Law On Sodomy Stays on Books Despite a Cull.
  33. ^ Riccardo Ciacci; Dario Sansone (2023). "The impact of sodomy law repeals on crime". Journal of Population Economics. doi:10.1007/s00148-023-00953-1.
  34. ^ a b c d e Painter, George (2005-01-31). "The History of Sodomy Laws in the United States - District of Columbia". Gay and Lesbian Archives of the Pacific Northwest. Retrieved 2022-12-11.
  35. ^ "Pollard v. Lyon, 91 U.S. 225 (1875)". Justia. Retrieved December 21, 2022.
  36. ^ "Chronology of the District of Columbia's Denial of Democracy". D.C. Vote. Retrieved 2022-12-11.
  37. ^ "H.Res.208 - A resolution disapproving the action of the District of Columbia Council in approving the District of Columbia Sexual Assault Reform Act of 1981". Congress.gov. United States Congress. Archived from the original on 2021-06-18. Retrieved 2022-12-11.
  38. ^ Sanchez, Rene (1993-04-08). "D.C. Repeals Sodomy Law". The Washington Post. Retrieved 2022-12-11.
  39. ^ "D.C. Sodomy Law". Human Rights Campaign. 2007-03-08. Archived from the original on 2016-11-15. Retrieved 2013-11-02.
  40. ^ United States Archived 2016-02-05 at the Wayback Machine
  41. ^ a b c "Key Dates in US Policy on Gay Men and Women in the United States Military". usni.org. Archived from the original on 2014-03-23. Retrieved 2014-03-22.
  42. ^ The Articles of War
  43. ^ U.S. Court of Appeals for the Armed Forces: U.S. v. Stirewalt, September 29, 2004 Archived May 25, 2010, at the Wayback Machine, accessed August 16, 2010
  44. ^ U.S. Court of Appeals for the Armed Forces: U.S. v. Marcum, August 23, 2004 Archived April 7, 2010, at the Wayback Machine, accessed August 16, 2010
  45. ^ United States v. Webster M. Smith, USCG CMG0224 (United States Coast Guard Court of Criminal Appeals 2008), archived from the original on 2012-09-25.
  46. ^ United States v. Bullock, Army 20030534 (United States Army Court of Criminal Appeals 2004), archived from the original on 2017-02-02.
  47. ^ Johnson, Chris (December 20, 2013). "Defense bill contains gay-related provisions". Washington Blade. Archived from the original on December 22, 2013. Retrieved December 21, 2013.
  48. ^ SodomyLaws.org: "United States Sodomy Laws," January 28, 1998 Archived December 16, 2013, at the Wayback Machine, accessed August 17, 2010
  49. ^ GLAPN - Case Law: "Case law". Archived from the original on 2011-10-01. Retrieved 2010-09-26., accessed September 25, 2010
  50. ^ "Jegley v. Picado 80 S.W.3d 332". Apa.org. Archived from the original on 2013-11-04. Retrieved 2014-03-11.
  51. ^ "Senate Bill 984" (PDF). Arkansas State Legislature. Archived (PDF) from the original on October 22, 2014. Retrieved October 15, 2014.
  52. ^ "800.02 Unnatural and lascivious act. A person who commits any unnatural and lascivious act with another person commits a misdemeanor of the second degree". Archive.flsenate.gov. Archived from the original on 2013-12-04. Retrieved 2013-12-02.
  53. ^ "Flsenate Archive: Statutes & Constitution > View Statutes". Archive.flsenate.gov. Archived from the original on 2014-03-11. Retrieved 2014-03-11.
  54. ^ "The History of Sodomy Laws in the United States - Kansas". Glapn.org. Archived from the original on 2013-02-11. Retrieved 2012-08-05.
  55. ^ "The History of Sodomy Laws in the United States - Kentucky". Glapn.org. Archived from the original on 2011-11-08. Retrieved 2012-08-05.
  56. ^ Google Scholar: Stephen Adam Schochet v. State of Maryland, October 9, 1990, accessed March 11, 2011
  57. ^ "Maryland HB81 | 2020 | Regular Session".
  58. ^ https://mgaleg.maryland.gov/mgawebsite/Legislation/Details/SB0054?ys=2023RS [bare URL]
  59. ^ Massachusetts Cases: Commonwealth v. Richard L. Balthazar, 366 Mass. 298 Archived 2016-03-03 at the Wayback Machine, accessed March 11, 2011
  60. ^ Supreme Judicial Court of Massachusetts: GLAD v. Attorney General, February 21, 2002 Archived February 25, 2006, at the Wayback Machine, accessed August 17, 2010
  61. ^ Michigan Organization for Human Rights v. Kelley, No. 88–815820 CZ slip op. (Mich. 3rd Cir. Ct. July 9, 1990).
  62. ^ Gay Times: Michigan Archived 2011-09-28 at the Wayback Machine
  63. ^ "Sodomy laws - Michigan". Gay & Lesbian Archives of the Pacific Northwest. Archived from the original on April 3, 2014. Retrieved August 2, 2013.
  64. ^ People v. Brashier, 496 NW 2d 385 (Mich. App. December 29, 1992).
  65. ^ "Doe v Ventura". Glapn.org. Archived from the original on 2012-11-03. Retrieved 2014-03-11.
  66. ^ "SF 2909 Status in the Senate for the 93rd Legislature (2023 - 2024)". www.revisor.mn.gov. Retrieved 2023-05-19.
  67. ^ "Montana". Glapn.org. Archived from the original on 2011-10-04. Retrieved 2011-08-31.
  68. ^ "Montana Kills Sodomy Law". Thetaskforce.org. 1997-07-04. Archived from the original on 2011-08-04. Retrieved 2011-08-31.
  69. ^ "Montana governor signs bill to strike down obsolete sodomy law – LGBTQ Nation". Lgbtqnation.com. Archived from the original on 2013-10-25. Retrieved 2013-10-21.
  70. ^ "LAWS Detailed Bill Information Page". Laws.leg.mt.gov. Archived from the original on 2013-10-22. Retrieved 2013-10-21.
  71. ^ [1] Archived July 10, 2010, at the Wayback Machine
  72. ^ "Homosexuality finally removed from Pa. Crimes Code after being first discovered in Upper Darby". 90.5 WESA. 2022-07-15. Retrieved 2022-07-20.
  73. ^ [2] Archived October 20, 2006, at the Wayback Machine
  74. ^ "The History of Sodomy Laws in the United States - Tennessee". Glapn.org. Archived from the original on 2013-04-24. Retrieved 2012-08-05.
  75. ^ Nashville Man Cleared Of 1995 'Homosexual Acts' Conviction, But Cases Linger For 41 Others
  76. ^ "The History of Sodomy Laws in the United States - Texas". Glapn.org. Archived from the original on 2011-10-04. Retrieved 2011-08-31.
  77. ^ Weiner, Rachel (6 March 2014). "Virginia lawmakers repeal sodomy ban". The Washington Post. Archived from the original on 7 March 2014. Retrieved 18 May 2014.

Further reading

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