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
Meet all 37 of the queer women in this season's WNBA
April 17 2024 11:24 AM
Here are the 15 gayest travel destinations in the world: report
March 26 2024 9:23 AM
21+ steamy photos of Scotland’s finest gay men in Elska Glasgow
February 01 2024 10:07 PM
More Than 50 of Our Favorite LGBTQ+ Moms
May 12 2024 11:44 AM
Conjoined twins Lori Schappell and trans man George Schappell dead at 62
April 27 2024 6:13 PM
Latest Stories
Nancy Pelosi endorses Kamala Harris for president
July 22 2024 4:07 PM
Charli XCX declares Kamala Harris IS brat & our next President's campaign agrees
July 22 2024 3:08 PM
Pete Buttigieg roasts JD Vance and his gay tech bro billionaire
July 22 2024 1:42 PM
The AIDs pandemic can be ended by 2030, but governments must act: report
July 22 2024 1:01 PM
Conservatives' first attack on Kamala Harris: Pronouns and accessibility?
July 22 2024 12:45 PM
Advancing equality during Disability Pride Month
July 22 2024 11:30 AM