They can prosecute it all they want. The courts no longer recognize these laws. Leaving them on the books is nothing more than a symbolic act of bigotry.
wait just a question, why does the law specify in some states "only if you're gay"? that doesnt make any freaking sense
Sodomy usually refers to anal sex, and sometimes other non-procreative types like oral. In which case, straight couples could also be prosecuted.
Some states used to have sodomy laws specifically targeting homosexuals. I.e. it was legal for straights to engage in sodomy, but not gays.
Fortunately, they can't prosecute. The Supreme Court ruled such laws unconstitutional, and a federal ruling/law overrides a state law that conflicts with it. Honestly, I'm not even sure how a law banning it still exists.
So, it really doesn't matter if they do? I had no idea that it was settled in the Supreme Court. That's pretty cool.
Yep. It was Lawrence v Texas and it's probably one of the best things to ever happen to the gay rights movement since homosexuality was declassified as a mental illness in the 70's. Below are immortal words from Antonin Scalia's dissent that are no doubt going to haunt the right for decades to come. This was even included by Olson and Boies in the Proposition 8 trial. I brake for legalese. I'm a total geek with this stuff. ^_^
oh how homophobes cling to their blatent and clinically documented stupidity... it is stupid to keep a law on the books that cannot be enforced because it is deemed illegal.
