CONTACTStaffCAREER OPPORTUNITIESADVERTISE WITH USPRIVACY POLICYPRIVACY PREFERENCESTERMS OF USELEGAL NOTICE
© 2024 Pride Publishing Inc.
All Rights reserved
All Rights reserved
By continuing to use our site, you agree to our Private Policy and Terms of Use.
The Virginia supreme court on Friday struck down an archaic and rarely enforced state law prohibiting sex between unmarried people. The unanimous ruling strongly suggests that a separate sodomy law in Virginia also is unconstitutional, although that statute is not directly affected. The justices based their ruling on a U.S. Supreme Court decision voiding a sodomy law in Texas. "This case directly affects only the fornication law but makes it absolutely clear how the court would rule were the sodomy law before it," said Kent Willis, executive director of the American Civil Liberties Union of Virginia. Virginia's sodomy law prohibits oral and anal sex even for married couples, but gay rights advocates say the statute is used only to target gays. Legislators for years have rejected efforts to repeal the law. They left it on the books again last year even after the Lawrence v. Texas decision held that such laws are unconstitutional. "It's a strong message to legislators that they must repeal Virginia's sodomy law," Willis said. "Now both the U.S. Supreme Court and the Virginia supreme court have spoken on essentially the same issue." The court said that "decisions by married or unmarried persons regarding their intimate physical relationship are elements of their personal relationships that are entitled to due process protection." The ruling stemmed from a woman's lawsuit seeking $5 million in damages from a man who infected her with herpes. She claims the man did not inform her that he was infected before they had sex. Richmond circuit judge Theodore J. Markow threw out the lawsuit, ruling that the woman was not entitled to damages because she had participated in an illegal act. The state supreme court reinstated the lawsuit. The law against fornication had been on the books since the early 1800s but was last enforced against consenting adults in 1847, according to Paul McCourt Curley, attorney for the defendant in the lawsuit. Curley said he sees nothing wrong with having laws on the books, even if they are unenforced, that say "these are the ideals and morals of the state of Virginia." He said the ruling sends a message that virtually anything goes--even adultery--as long as sex is consensual. However, the justices noted that their ruling "does not affect the commonwealth's police powers regarding regulation of public fornication, prostitution, or other such crimes."
Want more breaking equality news & trending entertainment stories?
Check out our NEW 24/7 streaming service: the Advocate Channel!
Download the Advocate Channel App for your mobile phone and your favorite streaming device!
From our Sponsors
Most Popular
Here Are Our 2024 Election Predictions. Will They Come True?
November 07 2023 1:46 PM
Meet all 37 of the queer women in this season's WNBA
April 17 2024 11:24 AM
17 Celebs Who Are Out & Proud of Their Trans & Nonbinary Kids
November 30 2023 10:41 AM
Here Are the 15 Most LGBTQ-Friendly Cities in the U.S.
November 01 2023 5:09 PM
Which State Is the Queerest? These Are the States With the Most LGBTQ+ People
December 11 2023 10:00 AM
These 27 Senate Hearing Room Gay Sex Jokes Are Truly Exquisite
December 17 2023 3:33 PM
10 Cheeky and Homoerotic Photos From Bob Mizer's Nude Films
November 18 2023 10:05 PM
42 Flaming Hot Photos From 2024's Australian Firefighters Calendar
November 10 2023 6:08 PM
These Are the 5 States With the Smallest Percentage of LGBTQ+ People
December 13 2023 9:15 AM
Here are the 15 gayest travel destinations in the world: report
March 26 2024 9:23 AM
Watch Now: Advocate Channel
Trending Stories & News
For more news and videos on advocatechannel.com, click here.
Trending Stories & News
For more news and videos on advocatechannel.com, click here.
Latest Stories
Biden will hammer Trump over abortion bans in Florida speech
April 23 2024 5:00 AM
Tristan Snell, who brought down Trump University, sees conviction in hush money case
April 22 2024 7:36 PM
Joe Biden admin marks Earth Day with major environmental initiatives
April 22 2024 4:18 PM
Texas Gov. Greg Abbott: 'We want to end' trans and gender nonconforming teachers
April 22 2024 4:13 PM
Nonbinary 17-year-old killed two years after being reported missing
April 22 2024 3:46 PM
Pride
Yahoo FeedIndulge in luxury and sensuality with The Pride Store’s Taurus gift guide
April 22 2024 11:46 AM
The gay man leading the Earth Day Initiative offers hope for the future
April 22 2024 9:00 AM
Pattie Gonia takes drag and fierceness to Capitol Hill to voice environmental concerns
April 22 2024 8:23 AM
Jodie Foster leaves her mark in cement at L.A.'s Chinese Theatre
April 22 2024 7:55 AM