Change We Need: Sodomy “Laws”
North Carolina (NCGS 14-177) is one of only seven [see update] states that still have a “crime against nature” law on the books. Of course it’s unenforceable in light of Lawrence v. Texas, but inconvenient court decisions never kept idiots like Mecklenburg County Supervisor Bill “Icky” James from arguing otherwise.
I don’t agree with Lawrence as a matter of constitutional law. My views on sodomy laws are best summed up by Justice Thomas’s dissent, which described the Texas statute in question as “uncommonly silly” and noted that “punishing someone for expressing his sexual preference through noncommercial consensual conduct with another adult does not appear to be a worthy way to expend valuable law enforcement resources.” Since then, the laws have become even more uncommon, with 7 of the 14 states (including that bastion of liberalism that is South Carolina) in question having subsequently repealed them [see update], and even more silly, given that everyone whose name isn’t Bill Icky James knows they aren’t enforceable, anyway. Retaining a law that is both unconstitutional (as decided by the courts) and idiotic (as decided by everyone with half a brain) is technically harmless, but it’s a bad idea nonetheless. Still, as a relative newcomer to the state, I am aware that saying “this law is stupid, get rid of it!” may not go over so well, so instead of insulting the good folk who have been here much longer than I, I propose the following revisions of the law to make its effect clearer:
(a) If any person shall commit the crime against nature, with mankind
or beast,he shall be punishedas a Class I felonby being publicly derided as “icky.”.
I’m too lazy to check whether we have another statute on the books to deal with bestiality. If we don’t, we can always add that one as part of the same deal.
UPDATE: Upon further research, it turns out that far more states have sodomy laws on the books than originally thought. The number 7 was pulled from Wikipedia’s “crime against nature” entry, which turned out to be one state short, and in any event only included states that called the crime “crime against nature.” So South Carolina’s substantially identical prohibition of “buggery” was omitted, as would be any other state’s ban on “sodomy.” So the new question is, did anybody who had a sodomy law on the books in 2003 actually go and repeal it since?





February 1st, 2009 at 2:19 am
Same statute, it’s that “or beast” bit you struck out. I guess the laws about cruelty to animals would apply as well.
February 1st, 2009 at 6:46 pm
Cruelty statutes wouldn’t work … some perv will say the horse really had wanted to bugger him.
I do think the public humiliation idea has merit … I can think of a bunch of other crimes I would like to bring back the pillory for.
February 2nd, 2009 at 2:28 pm
If the sodomy laws had not been struck down we would not have to contend with the civilizational threatening “same-sex marraige” debate. We never know all the good things seemingly strange laws are protecting until they are gone.
February 2nd, 2009 at 3:48 pm
If 14 states had had the good sense to repeal these stupid, fascist, unenforceable laws by 2003, there would have been nothing for the Lawrence court to strike down. Arguing to criminalize sodomy to prevent gay marriage is a bit like advocating decapitation as a cure for dandruff, except that the latter actually works. All but a handful of states repealed their sodomy laws, and almost none have gay marriage laws. Massacusetts is the exception that proves the rule, as their crime against nature” law remains on the books to this day. Which means gays can marry, but such marriages can never be consumated?
February 5th, 2009 at 1:41 pm
No, Xrlq, they can consummate the marriage on their honeymoon in Connecticut :)
September 6th, 2009 at 7:44 pm
Sodomy laws should be brought back. What has happened to this once-great country? Immorality and perversion everywhere.
As someone who struggled for YEARS to leave the depraved “gay” lifestyle, I stand before you as a happy Christian praying for you,
Eyrev
eyrev.cbcr@gmail.com