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Virginia

Va. AG wants U.S. Supreme Court to reinstate sodomy law

Tuesday, June 25, 2013

RICHMOND, Va. — Virginia Attorney General Ken Cuccinelli on Tuesday asked the U.S. Supreme Court to uphold Virginia’s anti-sodomy law, arguing that a lower court misinterpreted the scope of the justices’ 2003 decision invalidating a similar law in Texas.

If the ruling overturning the Virginia law is not overturned, Cuccinelli said, nearly 90 people convicted of sex crimes involving minors may be eligible to have their names removed from Virginia’s sex offender registry.

Gage Skidmore, Wikimedia Commons
Ken Cuccinelli

In a 2-1 decision in March, a panel of the 4th U.S. Circuit Court of Appeals declared that Virginia’s law against oral and anal sex is unconstitutional.

Virginia’s so-called “crimes against nature” law was the basis for a 47-year-old man’s conviction of criminal solicitation for allegedly demanding oral sex from a 17-year-old girl. In the appeal, Cuccinelli claims the Supreme Court’s Lawrence v. Texas decision applied only to sex acts involving consenting adults, not those between an adult and a minor.

He added that many other federal judges and appeals courts have recognized the Lawrence ruling’s limits.

Cuccinelli wrote that, “It appears that the Fourth Circuit is alone among courts” in ruling that the Lawrence decision applies to adult-minor sex acts as well as to acts between consenting adults.

Cuccinelli, the Republican nominee for governor, said in a written statement that “this has nothing to do with sexual orientation or private acts between consenting adults. In fact, the law can’t be used for those purposes.”

In the appeal, he asked the Supreme Court to reverse the decision without requiring written briefs or oral argument.

The appeals court’s ruling came in the case of William Scott MacDonald, who was convicted of violating a Virginia law making it a felony for any adult to order a person under age 18 to commit a felony. MacDonald claimed his conviction for that offense was improper because the underlying felony was based on an unconstitutional law. The appeals court agreed.

In the 4th Circuit appeals court’s majority ruling, Judge Robert King said the justices implied in Lawrence that a state could criminalize sodomy between an adult and a minor but that such decisions rest with legislatures, not the judiciary. Judge Albert Diaz wrote in a dissent that federal courts were required to give more deference to state courts’ interpretation of the Virginia law.

Louisa County Commonwealth’s Attorney Rusty McGuire said in a telephone interview that several sex-crime statutes are tied to the anti-sodomy law, so if the latter is unconstitutional “it’s like a deck of cards and they all fall down.”

McGuire said his prosecution of Internet child-sex predators depends on the anti-sodomy law.

“I’m completely worried about this,” McGuire said. “Something has to happen or its open season on Virginia’s children.”

The decision to appeal is certain to provide campaign fodder for Democrats who already have accused Cuccinelli and his GOP ticket mates of pursuing an anti-gay, socially divisive agenda. But Cuccinelli did not have the option of waiting until after the November election to file the appeal because Tuesday was the deadline for informing the federal district court of the state’s intentions.

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81 more reader comments:

  1. NOPENOPENOPE.

    Posted on Tuesday, June 25, 2013 at 12:19pm
  2. Wow, this guy wants to give up ever getting a blow job for the rest of his life because he thinks some people are icky and need to be put in their place. What a hero!

    Posted on Tuesday, June 25, 2013 at 12:19pm
  3. I heart the Republican Party of today ;-)

    Posted on Tuesday, June 25, 2013 at 12:19pm
  4. VA at its finest.

    Posted on Tuesday, June 25, 2013 at 12:20pm
  5. We’re just a different animal buddy. Calm down.

    Posted on Tuesday, June 25, 2013 at 12:20pm
  6. Is this one of the 29 states that still says its OK to have sex with a Horse but illegal for Gay Marriage? It would not surprise me.

    Posted on Tuesday, June 25, 2013 at 12:21pm
  7. Shut your SIMPLE ASS UP! There are way more important things for you to be concerned with!

    Posted on Tuesday, June 25, 2013 at 12:21pm
  8. I bet he’s a closet case! Besides the fact that it is not a constitutional question to which the Supreme Court is only to rule on.

    Posted on Tuesday, June 25, 2013 at 12:21pm
  9. I’ll be glad when all of the dumb conservatives like this fucker finally DIE fuck Virginia it’s a vile, racist, discrimination-condoning white-trash southern piece of shit state and i know because i live here!

    Posted on Tuesday, June 25, 2013 at 12:23pm
  10. Where do these Neanderthals come from? Or is that unfair to Neanderthals?

    Posted on Tuesday, June 25, 2013 at 12:23pm
  11. If that law is reinstated, he will have to resign.

    Posted on Tuesday, June 25, 2013 at 12:24pm
  12. Cuch!! STAY THE F**K OUT OF OTHER PEOPLE’S COOCHES!!!

    Posted on Tuesday, June 25, 2013 at 12:24pm
  13. He needs to be ….

    Posted on Tuesday, June 25, 2013 at 12:24pm
  14. He’s so incredibly vile. Who in the civilized world does this? A Republican, of course.

    Posted on Tuesday, June 25, 2013 at 12:24pm
  15. Right Wing Bigot Jackass.

    Posted on Tuesday, June 25, 2013 at 12:25pm
  16. OMG I hate VA.

    Posted on Tuesday, June 25, 2013 at 12:25pm
  17. Despite the massive change in public opinion in recent years, some people just can’t move forward into the future. Very sad.

    Posted on Tuesday, June 25, 2013 at 12:25pm
  18. Yes it is. VA is a dumb redneck state that’s stuck in the 50′s

    Posted on Tuesday, June 25, 2013 at 12:26pm
  19. Hmmmm sounds like a man who does not want to ever win an election again. Those are my favorite kinds of politicians, they make my choice in the voting booth sooo much easier

    Posted on Tuesday, June 25, 2013 at 12:26pm
  20. Wtf? 1950 called, they want their AG back

    Posted on Tuesday, June 25, 2013 at 12:26pm
  21. I will never understand why these people can’t stop thinking about gay sex, if they don’t want it.

    Posted on Tuesday, June 25, 2013 at 12:26pm
  22. Kinda bein mean to the Neanderthals..they would have solved the issue with this man with a club over the head lol

    Posted on Tuesday, June 25, 2013 at 12:27pm
  23. “Virginia Is For Lov— ummm… Haters!”

    Posted on Tuesday, June 25, 2013 at 12:27pm
  24. He wants punished for getting blowjobs? Does he have a safeword?

    Posted on Tuesday, June 25, 2013 at 12:28pm
  25. Where are these quakes coming from???

    Posted on Tuesday, June 25, 2013 at 12:30pm
  26. Did any of you read this article? They’re trying to pursue a conviction against a man accused of statutory rape. The AG himself said this had nothing to do with consenting adult relationships. These comments are ridiculous.

    Posted on Tuesday, June 25, 2013 at 12:30pm
  27. these baggers are perverts…all they care about is your bedroom…sickos!!!

    Posted on Tuesday, June 25, 2013 at 12:31pm
  28. The word “sodomy” is based on a mistranslation of “kodesh” as “sodomite” in the King James Version Bible. But, the contexts in which the word “sodomite” appears has absolutely no connection with Sodom. It as to do with the HETEROSEXUAL Canaanite fertility cult rituals. The kodesh word refers to a person who is in service to deity. As a noun, kodesh refers to a holy person, holy place or holy thing and also to a thing which has a designated purpose but not a religious one.

    Posted on Tuesday, June 25, 2013 at 12:31pm
  29. O M G

    Posted on Tuesday, June 25, 2013 at 12:33pm
  30. Geeze, this sob wants to control our lives, right down to what happens in the bedroom. How does he walk around all day and not worry the sky is falling? Republicans, so against Big Government, so interested in your sex life.

    Posted on Tuesday, June 25, 2013 at 12:35pm
  31. this neanderthal like MOST pukes are all about OTHER peoples sex lives…sickening waste of taxpayer paid time…sodomy laws were thrown out since it is uncnostituonal to invade privacy for no criminal reason

    Posted on Tuesday, June 25, 2013 at 12:37pm
  32. Exactly, it referred to temple prostitution and idolizing false gods.

    Posted on Tuesday, June 25, 2013 at 12:38pm
  33. That all was too technical and would involve reading and learning…something these new Republicans don’t seem to have the ability to do.

    Posted on Tuesday, June 25, 2013 at 12:42pm
  34. welcome to 1850. Dont know if he realizes that this would affect him when he gets caught wth his pants down around his ankles in a mens bathroom

    Posted on Tuesday, June 25, 2013 at 12:42pm
  35. 1.It just takes a few seconds to see how silly and pathetic his argument is and 2.looks like somebody will never ever get a blowjob tsk-tsk

    Posted on Tuesday, June 25, 2013 at 12:44pm
  36. Yes, let’s waste time on this. Great governing!

    Posted on Tuesday, June 25, 2013 at 12:44pm
  37. SUCK this!

    Posted on Tuesday, June 25, 2013 at 12:45pm
  38. But, if a kodesh was a Jew and believe in YHWH Elohim, the KJV translators wrote “saint” instead.

    Posted on Tuesday, June 25, 2013 at 12:46pm
  39. idiots like this guy think sodomy only means butt-buggering between boys.

    Posted on Tuesday, June 25, 2013 at 12:47pm
  40. Kinda makes you wonder why they seem so hell-bent on being involved in Govt when they profess to hate it so much….

    Posted on Tuesday, June 25, 2013 at 12:49pm
  41. The city-state of Sodom was NOT even in the country of Canaan. It was in the Jordan Plain on the East side of the Jordan River. The residents of Canaan were the Canaanites. The sexual activity of the residents of Sodom is NOT even mentioned in the Old Testament.

    Posted on Tuesday, June 25, 2013 at 12:50pm
  42. Do it government I fucking dare you to do Ito don’t care if it illegal I will still have sex with guys. And does that include straight couples into anal?!?!

    Posted on Tuesday, June 25, 2013 at 12:50pm
  43. what’s he afraid of a gay boy going after his ass if they see him bent over tying his shoes. word to the AG -forget it dude….frigging idiot

    Posted on Tuesday, June 25, 2013 at 12:52pm
  44. I’d like to bend this guy over and give him a good what for…..:-) :-) :-) :-)

    Posted on Tuesday, June 25, 2013 at 12:53pm
  45. Go fuck yourself, he’s such a closet case!

    Posted on Tuesday, June 25, 2013 at 12:56pm
  46. They just want one step backward . . . at a time. Ultimately, they are after both Roe v Wade and its antecedent, Griswold v Connecticut, the case that established a right to privacy.

    Posted on Tuesday, June 25, 2013 at 12:57pm
  47. Stupid.

    Posted on Tuesday, June 25, 2013 at 12:59pm
  48. Reinstate Sodomy laws? REALLY. Well that’s Just FCUKKED!

    Posted on Tuesday, June 25, 2013 at 1:04pm
  49. Who cares what he thinks? He sure doesn’t care about what 95% of America thinks, so why should we care what he thinks?! It works both ways, Cuccinelli! You and your extremist rantings will send you to a major league defeat!

    Posted on Tuesday, June 25, 2013 at 1:11pm
  50. Just because he has a boring sex life, he wants to punish everyone else. What a tool

    Posted on Tuesday, June 25, 2013 at 1:13pm
  51. Asshole

    Posted on Tuesday, June 25, 2013 at 1:28pm
  52. this must be that classic conservative ‘smaller government greater freedoms’ philosophy we’ve heard so much about

    Posted on Tuesday, June 25, 2013 at 1:30pm
  53. I’ll say about Cuccinelli what I’m sure is said often by countless of my follow sodomites (tops, in particular) who happen to be in sexually boring, repetitive, loveless relationships: “ugh, THIS fucking asshole AGAIN?”

    Posted on Tuesday, June 25, 2013 at 1:30pm
  54. Lol. POOR THING!! What an idiot!!

    Posted on Tuesday, June 25, 2013 at 1:30pm
  55. It’s not quite sodomy, but he can kiss my ass :)

    Posted on Tuesday, June 25, 2013 at 1:38pm
  56. Government: Just large enough to fit inside your pants.

    Posted on Tuesday, June 25, 2013 at 1:39pm
  57. I’m pretty sure you can prosecute statutory rape without resurrecting discriminatory purity laws.

    Posted on Tuesday, June 25, 2013 at 1:40pm
  58. The fact that they equate rape and homosexuality to being the same thing and completely ignore Sodom’s other sins says much for how they interpret the meaning of Christianity: a rulebook.

    Posted on Tuesday, June 25, 2013 at 1:42pm
  59. I’d like to not treat rape as something which deservedly happens to bad people. It’s part of rape culture.

    Posted on Tuesday, June 25, 2013 at 1:43pm
  60. The mixed gender crowd who surrounded Lot’s house in Sodom never asked to have sex with Lot’s 2 guests who looked like normal male adults (See Genesis 19). They wanted to know whom Lot’s guests were; but, they waited until it was time for bed to do that. Sexual activity does take place in Genesis 19 and it’s incest between Lot’s “never-been-introduced-to-a-man” virgin daughters and Lot himself. Lot’s married daughters were with their husbands in that rude mob.

    Posted on Tuesday, June 25, 2013 at 1:47pm
  61. The residents of Sodom never intended to rape anyone. Folks get that story mixed up with another one which took place several centuries later.

    Posted on Tuesday, June 25, 2013 at 1:49pm
  62. Felix that was not my intent, trust me.. :-) :-) :-)

    Posted on Tuesday, June 25, 2013 at 1:50pm
  63. Oh, there’s no such thing as “Christianity” in the Bible. The name of the church in the 1st Century AD was literally called “The Way.” The politicized religion of Christianity was founded by Constantine, the Byzantine Emperor, in 325 AD and he presided over the 1st of the Seven Church Councils.

    Posted on Tuesday, June 25, 2013 at 1:52pm
  64. And this is the candidate whom odds-makers say will be the next governor of Virginia? Excuse me, but I’d prefer to stay here in Wisconsin with Gov. Walker! #frombadtoworse

    Posted on Tuesday, June 25, 2013 at 2:00pm
  65. idiot. he needs to be flushed. how stupid can anyone possible be

    Posted on Tuesday, June 25, 2013 at 2:21pm
  66. Do these people have nothing else to do?

    Posted on Tuesday, June 25, 2013 at 2:58pm
  67. Figures, asshole

    Posted on Tuesday, June 25, 2013 at 3:03pm
  68. Would that not be covered by statutory rape law? In Minnesota, a person 16-18 can have sex but only with someone withing two years of their age, or it is statutory rape, so a 17 have sex with a 60 something year old would be statutory rape. Just pass a statutory rape law and I would imagine that would cover it. Don’t know why this backward southern state doesn’t have that to begin with

    Posted on Tuesday, June 25, 2013 at 3:14pm
  69. WTF is wrong with these men ?????

    Posted on Tuesday, June 25, 2013 at 3:19pm
  70. What right does this guy have to tell people what they can and cannot do in the privacy of their own home?

    Posted on Tuesday, June 25, 2013 at 3:23pm
  71. He wants to fuck us over is why.

    Posted on Tuesday, June 25, 2013 at 3:36pm
  72. Austin, you DO realize that they ALREADY have a statutory rape law in Virginia, one that has never been declared by ANYONE to be Unconstitutional!

    To bring back the CLEARLY Unconstitutional sodomy law in an attempt to go after a statutory rapist is insane.

    And based upon what he’s said and done before, this is clearly an attempt to use sodomy laws against gay consenting adults

    Posted on Tuesday, June 25, 2013 at 4:07pm
  73. They already HAVE a statutory rape law! And nobody has ever tried to call it Unconstitutional. The sodomy law HAS been declared Unconstitutional…

    Posted on Tuesday, June 25, 2013 at 4:07pm
  74. Does…he really have such a pathetic life that THIS is what he chooses to do with his time? Pitiful.

    Posted on Tuesday, June 25, 2013 at 4:08pm
  75. send him to the mental hospital

    Posted on Tuesday, June 25, 2013 at 4:10pm
  76. Tell Va AG…to go fuck himself!

    Posted on Tuesday, June 25, 2013 at 4:15pm
  77. and….. he’s REPUBLICAN….. What a fking surprise — trotting out the old Anita Bryant approach to bigotry, and, denial of rights… for the PROTECTION of the children……… ( Does anyone believe this is the REAL reason…?)

    Posted on Tuesday, June 25, 2013 at 4:21pm
  78. Assholes…VA is the hate state….it is none of their damn business what ppl do in the bedrooms!!

    Posted on Tuesday, June 25, 2013 at 4:50pm
  79. They think about gay sex more than I do, and I’m gay.

    Posted on Tuesday, June 25, 2013 at 5:05pm
  80. But if sodomy is one again made illegal, the teabaggers will have to dismantle their party since teabagging would also be illegal,

    Posted on Tuesday, June 25, 2013 at 5:09pm
  81. Look at his face – this guy needs some good man on man loving.

    Posted on Tuesday, June 25, 2013 at 5:49pm