A
sodomy law is a law which makes certain
sexual acts into
sex crimes, most commonly
anal intercourse. Sometimes the definition of
sodomy has been broader and included
oral sex and
bestiality as well. Following Sir
William Blackstone's
Commentaries on the Laws of England[?], the crime of sodomy has often been defined in the past only as the
abominable and detestable crime against nature, or some variation of the phrase. This language led to widely varying rulings about what specific acts are compassed by its prohibition.
Even though many of these laws target both heterosexual and homosexual acts, they are sometimes selectively enforced only against homosexuals; in some states of the US, this practice has been codified and the laws now prohibit only homosexual acts, not heterosexual ones. Furthermore, sodomy laws have normally only applied to male, not female homosexuality.
While many other parts of the world have, or had, laws against homosexuality or other sexual practices, the term is mainly used when discussing the law of the United States, and is better restricted to that; especially due to the common misunderstanding that sodomy laws are laws against homosexuality, when they at times prohibit some heterosexual acts as well. The United Kingdom has historically had similar laws, but the offence was called there buggery, not sodomy. Canadian law permits anal sex by consenting parties above the age of 18, provided no more than two people are present.
In June 2003, the US Supreme Court in a 6-3 decision 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 clauses of the United States Constitution (Lawrence v. Texas, No. 02-0102 (2003)). This decision invalidated all state sodomy laws and reversed an earlier ruling from 1986, where Georgia's sodomy law was upheld. (Bowers vs. Hardwick, 478 U.S. 186 (1986) (http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=us&vol=478&invol=186))
Before that 2003 ruling, 26 states and the District of Columbia had repealed their sodomy laws, 9 states had had them overturned or invalidated by court action, 4 states still had same sex laws, and 10 states, Puerto Rico and the U.S. military had laws applying to all regardless of gender.
The penalty for violating a sodomy law varied very widely from jurisdiction to jurisdiction. The most harsh penalties were in the state of Idaho, where sodomy could theoretically earn a life sentence. Massachusetts followed with a possible 20 year sentence, followed by Michigan with 15 years.
In most US states the laws are no longer enforced, or are very selectively enforced. This has been very helpful to those trying to overturn the laws, as selective enforcement is illegal under US law.
Sodomy laws and penalties in US states and territories, according to the American Civil Liberties Union [1] (http://www.aclu.org/issues/gay/sodomy.html):
- Alabama (all sexes, 1 year/$2000)
- Alaska (repealed, 1980)
- Arizona (repealed, 2001)
- Arkansas (invalidated by courts, 2001, case on appeal)
- California (repealed, 1976)
- Colorado (repealed, 1972)
- Connecticut (repealed, 1971)
- Delaware (repealed, 1973)
- District of Columbia (repealed, 1993)
- Florida (all sexes, 60 days/$500)
- Georgia (invalidated by courts, Powell v. State, 510 S.E.2d 18, 1998)
- Hawaii (repealed, 1973)
- Idaho (all sexes, 5 years to life)
- Illinois (repealed, 1962)
- Indiana (repealed, 1977)
- Iowa (repealed, 1978)
- Kansas (same sex only, 6 months/$1000)
- Kentucky (invalidated by courts, Commonwealth v. Wasson, 842 S.W.2d 487, 1992)
- Louisiana (all sexes, 5 years/$2000, court challenge pending)
- Maine (repealed, 1976)
- Maryland (invalidated by courts, Extra LEXIS 260, 1998, Baltimore City Circuit Court, 1999)
- Massachusetts (20 years, status unclear due to ambiguous court decision, court challenge pending)
- Michigan (15 years, statute struck down by Wayne County judge but status unclear)
- Minnesota (invalidated by courts, 2001)
- Mississippi (all sexes, 10 years)
- Missouri (same sex only, 1 year/$1000, State Court of Appeals has interpreted the law not to apply to consensual acts)
- Montana (invalidated by courts, Gryczan v. Montana, 1997)
- Nebraska (repealed, 1978)
- Nevada (repealed, 1993)
- New Hampshire (repealed, 1975)
- New Jersey (repealed, 1979)
- New Mexico (repealed, 1975)
- New York (invalidated by courts, People v. Onofre, 415 N.E.2d 936, 1980)
- North Carolina (all sexes, 10 years/discretionary fine)
- North Dakota (repealed, 1973)
- Ohio (repealed, 1974)
- Oklahoma (same sex only, 10 years)
- Oregon (repealed, 1972)
- Pennsylvania (invalidated by courts, Commonwealth v. Bonadio, 415 A.2d 47, 1980)
- Puerto Rico (all sexes, 10 years, court challenge pending)
- Rhode Island (repealed, 1998)
- South Carolina (all sexes, 5 years/$500)
- South Dakota (repealed, 1977)
- Tennessee (invalidated by courts, Campbell v. Sundquist, 926 S.W.2d 250, 1996)
- Texas (same sex only, $500)
- Utah (all sexes, 6 months/$1000)
- Vermont (repealed, 1977)
- Virginia (all sexes, 1-5 years, court challenge pending)
- Washington (repealed, 1976)
- West Virginia (repealed, 1976)
- Wisconsin (repealed, 1983)
- Wyoming (repealed, 1977)
See also homophobia