Sodomy
Sodomy is a touch and go issue with many people, especially those in the legal community, because it's difficult to define. The name itself comes from the sins that the cities of Sodom and Gomorrah committed, which led to them being destroyed by God in the Old Testament. The most widely used definition of sodomy is any form of oral sex (where a person's mouth comes into contact with the genitals or anus of another person) and/or anal intercourse. Some legislators like to define sodomy as any lewd or "unnatural" form of sexual intercourse; essentially any form of intercourse that isn't penile/vaginal.
In 1986 the Supreme Court in Bowers v. Hardwick ruled in a 5-4 decision that the US constitution does not protect against sodomy even if it occurs in the privacy of the home. It's important to note that the decision was reached by a mere 5-4 majority. Although it's a legally binding decision, it becomes open to attack and further review because of the slim margin in which the majority was reached. The decision that ended segregation in public schools (Brown v. Board of Education) was reached by a unanimous court (9-0) and as such has not been reviewed since it was made in 1954.
In 2003, the Supreme Court heard another case involving sodomy laws (Lawrence and Garner v. Texas). The case called into question a Texas sodomy law that applied to homosexuals but not to straight couples. The Supreme Court ruled that the state could not possibly have a vested interest in what two people do in the privacy of their own bedroom with regard to sexual relations. It further ruled that because of a constitutional right to privacy, which Bowers overlooked, that sodomy in all states regardless of sexual orientation was legal. Therefore Bowers was overturned. One interesting sidebar is that the "right to privacy" which is the Constitutional underpinning for defending sodomy, abortion, birth control and other intimate issues is a relatively recent pronouncement by the Court and very much under attack. It was first announced in Griswold v. Connecticut in 1965 concerning married couples' rights to get birth control. In the event that Griswold v. Connecticut is overturned, it would make it much easier to overturn such cases as Roe v. Wade and Lawrence and Garner v. Texas.
Due to the Supreme Court's ruling, technically, sodomy laws currently on the books are "unenforceable," meaning that they still exist but if someone were to be arrested under them, that the case would be thrown out at an early stage. A lawyer whom the Sexperts consulted recommends if a person were to be arrested that they consider a civil rights suit against the police because the police are supposed to know if a state statute has been rendered unenforceable. That being said, there are still laws on the books in certain states. And as long as those laws are on the books you can still get arrested for breaking them. You may even have to stand trial, and you could be found guilty. Precedents such as the Lawrence and Garner case should and often do weigh heavily in formulating a judge's opinion. However, other factors such as personal and community values may come into play and radically alter a decision that should seem obvious, considering the Supreme Court has ruled that sodomy is legal.
Currently there are 22 states with some form of sodomy laws still on the books and five of those states specifically target homosexuals. Sodomy laws vary incredibly from state to state. For example, in Texas, sodomy is considered a misdemeanor and carries a maximum penalty of $500. Meanwhile, Idaho makes sodomy a felony with a maximum penalty of life in prison. Even though twenty-eight states have no sodomy laws whatsoever, it is important for you to know about sodomy laws in your particular state and how they may or may not apply to you.
Many organizations such as Lambda are fighting the sodomy laws in the states that have them. The reason behind this is that these laws are often used to target homosexual interactions. It is obvious that gay and lesbian couples cannot engage in penile/vaginal intercourse, yet this is the only form of lovemaking that sodomy laws allow. Even in states where sodomy laws pertain to heterosexuals as well, they severely limit the options that a couple has in the privacy of their own bedroom. Many people living in states where these laws exist do not even know about them, but the penalties can be severe if people break these laws. As with any other laws, we strongly urge you to visit either Lambda or a state sodomy laws website to familiarize yourself with the restrictions, if any, in your state. Changes are happening everyday in regards to fighting sodomy laws, so be sure to keep updated on the developments happening all around us.
Added 09/28/2007