Signs of the Times - Virginia's Sodomy Law Still Stealing Headlines
Oct 1998
Freedom of Association: Virginia's Sodomy Law Still Stealing Headlines
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 "From the Commonwealth to the White House, it's been a banner year for the blow-job. After lurking in the shadows of public discourse for most of its 200-year existence, Virginia's sodomy law has stolen headlines repeatedly in the last 12 months. First, up in Arlington, ex-NBC sportscaster Marv Albert lost it all -- his job, his image, his hair-piece -- during a salacious assault trial in which felony sodomy charges temporarily threatened to put him behind bars" (C-Ville Weekly, October 6-12, 1998).

 "This spring, Charlottesville authorities -- taking a cue from Richmond police -- handed out three felony charges (instead of misdemeanors) to men who solicited fellatio from undercover officers posing as prostitutes. Then in August, Albemarle County Police launched a week-long sex sting at the Ivy Creek Natural Area that slapped seven men with sodomy charges for engaging in oral sex with other men in a public bathroom. Virginia's sodomy statue, 'crimes against nature,' prescribes that violators can receive up to five years in prison, regardless of marital status or sexual orientation, even if the acts take place in private" (C-Ville Weekly, October 6-12, 1998).

"But none of these incidents have caused a greater stir than the dangerous liaisons between President Clinton and Monica Lewinsky. (Lucy for them, the District of Columbia repealed its sodomy law in 1993, two years before Lewinsky came to the White House.) Lurid details of oral sex in the Oval Office have hit the front pages and television screens with such force that previously taboo discussions of sex and privacy have jumped into the most sacred of American venues: the nightly news, the workplace water cooler, and the family dinner table" (C-Ville Weekly, October 6-12, 1998).

"When a small group of state lobbyists and legislators try once again to repeal Virginia's sodomy law this fall, they will have a chance to prove their decades-old hunch. Namely, they hope that as public discussions of sex become more frank and prevalent, more people who privately condemn the dodomy law will start to condemn it publicly. Implicit in that hunch is that most citizens and most lawmakers dislike the archaic law, but are just afraid to say so, given Virginia's conservative tradition" (C-Ville Weekly, October 6-12, 1998).

"'Virginia has always taken to change a bit slower than most other places,' (Virginia ACLU executive director Kent) Willis says. 'So repeal will take more time and more energy because frank discussions of sex-related issues in Richmond are rare.' Frank discussions of gay and lesbian concerns are also rare in that tobacco town where the main obstacle to sodomy-law repeal is none other than homophobia itself. Critics have charged for decades that 'crimes against nature' is nothing more than a Biblically-informed codification of prejudice against gays and lesbians." (C-Ville Weekly, October 6-12, 1998).

"The best evidence of that opinion came in 1993, when the Virginia Supreme Court declared Sharon Bottoms an unfit parent because she admitted to engaging in oral sex ('felonious behavior,' in the words of the Court) with her lesbian lover. Bottoms lost custody of her son even though behind-closed-doors sex practices are almost never an issue in custody cases involving straight parents. Liberal lobby groups say homosexuals can't enjoy full citizenship so long as the state criminalizes all non-coital sex acts. Conservatives have rebutted that there is no constitutional right to commit sodomy" (C-Ville Weekly, October 6-12, 1998).

"During the next legislative session, democrats from Northern Virginia plan to re-introduce a bill that would re-write the dodomy law so that traditionally illegal sex acts would no longer be felonies when committed by people over the age of 18. C-VILLE asked local legislators how they would vote if such a bill ever made it to the Assembly floor. 'I would go ahead and vote for that bill. It's probably a law whose time has come. But bills like this, just like the hate-crimes bill we've had, never seem to make it out of committee,' (said) Del. Mitch Van Yahres, Democrat, 57th District. ' ...' (As usual, [Del.] Paul Harris [Republican, 58th District] did not return C-VILLE's phone calls.) 'It's not a good idea to speculate on legislation unless I have it in front of me. But I have gone on record as opposing discrimination of any kind,' (said) Sen. Emily Couric, Democrat, 25th District" (C-Ville Weekly, October 6-12, 1998).

 


Comments? Questions? Write me at george@loper.org.