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Supreme Court declines to stay Fourth Circuit decision striking down sodomy statute 13, By Thomaston On July 25, the state of filed an application to the Supreme Court for a stay of the Fourth Circuit’s decision holding that its “crimes against nature” law is unconstitutional under the decision in v. Texas. The request was an attempt to put the decision on hold, but only until the Supreme Court weighed in on whether it would review the Fourth Circuit’s decision, which had been appealed by. The plaintiff in the original case had been convicted under the law for engaging in oral sex with an underage girl. But the Fourth Circuit had held that sodomy statutes are no longer constitutional under the Supreme Court’s decision in v. Texas, and that the state’s attempt to apply their statute to the plaintiff is invalid. Lithwick at Slate has written about the implications of Virginia’s theory of this case: The sex offender in this case was MacDonald, a 47-year-old who solicited oral sex from a 17-year-old woman. (No sex was had). Because 15 is the legal age of consent in, authorities couldn’t charge MacDonald for statutory rape. Faced with other statutes to choose from, they opted to charge him with soliciting a minor by inducing her to commit sodomy, for which he served a year in prison and must now register as a sex offender. In March, the federal court of appeals struck down the sodomy law and threw out MacDonald’s conviction for reasons clear to anyone who’s ever watched Ally McBeal. v. Texas, the Supreme Court decision about Texas’ anti-sodomy statute, held that states can’t regulate private consensual sexual activity amongst adults. The court of appeals’ position, that state anti-sodomy laws simply do not survive post , is the same position taken by attorneys general in other states, including the prior attorney general. That should end it, right? CONTINUES . FULL STORY:

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