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Virginia Court Strikes Down Law Against Sex By Singles
WFTV ^ | 1/14/04

Posted on 01/14/2005 2:34:56 PM PST by KidGlock

Virginia Court Strikes Down Law Against Sex By Singles

POSTED: 4:20 pm EST January 14, 2005

RICHMOND, Va. -- 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 anti-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 an anti-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 in Virginia.

Virginia's anti-sodomy law prohibits oral and anal sex even for married couples, but gay-rights advocates say the statute is only used to target homosexuals. Legislators for years have rejected efforts to repeal the law. They left it on the books again last year even after the 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 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."


TOPICS: Front Page News; News/Current Events; US: Virginia
KEYWORDS: 3branchesofgovt; activistcourt; activistjudge; celebrateperversity; culturewar; fornication; homosexualagenda; judgesdontmakelaws; judicialbranch; judicialtyranny; lavendermafia; lawrencevtexas; legislativebranch; privacy; ruling; sexlaws; sodomy; sodomylaws; supremecourt; vaaclu; virginia
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To: isom35
I thought the headline meant "sex while a person is alone" doh!

Please, as Woody Allen said in "Annie Hall" "Don't knock my hobby"

81 posted on 01/14/2005 8:30:00 PM PST by MilspecRob (Most people don't act stupid, they really are.)
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To: AmishDude
As any economist will tell you: TINSTAFP.

Meeeooowww!
82 posted on 01/14/2005 10:54:13 PM PST by drjimmy
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To: balch3
So much for conservative Virginia.

I've never equated conservatism with big goobermint peeping toms. I must have missed those memos. Conservatism is all about getting rid of big goobermint. Blackbird.

83 posted on 01/15/2005 7:30:22 AM PST by BlackbirdSST
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To: NJ_gent
Precisely my problem with using trumped-up charges and BS laws to get people into jail. Regardless of whether those people may be good or bad; right or wrong, the rule of law and the principles of law must always be recognized and adhered to by those who enforce the law. If the police, prosecutors, and judges don't respect the rule and principle of law, why should anyone else?

I agree completely, provided nobody or no institution is "above the law." Hold EVERYONE to the same standard. I'm not saying that prosecutors shouldn't use their arsenal of non-BS laws. Al Capone's conviction on income tax evasion--as opposed to murder, etc.--is a classic example of this.

84 posted on 01/15/2005 8:09:14 AM PST by CDB
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To: KidGlock
The Virginia Supreme Court on Friday struck down an archaic and rarely enforced state law prohibiting sex between unmarried people. ILLEGAL aliens from getting drivers licenses, free health care, free schooling, food stamps, transportation, and voting.


85 posted on 01/15/2005 8:13:10 AM PST by unixfox (Close the borders, problems solved!)
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To: drjimmy

Thank you for getting it!


86 posted on 01/15/2005 10:33:32 AM PST by AmishDude
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To: AmishDude
Thank you for getting it!

Thank you for giving me a laugh by writing it!
87 posted on 01/15/2005 3:49:06 PM PST by drjimmy
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To: NJ_gent

greetings. I'm not the thinly-veiling type. you might have to work to get the message.


88 posted on 01/16/2005 6:37:46 PM PST by the invisib1e hand (Leftists Are Losers.)
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