Virginia is having some problems coping with this year's Supreme Court decision that declared that sodomy is legal, and laws that suggest otherwise are unconstitutional. Today a legislative subcommittee issued their proposed amendments to the Virginia code of law in light of that ruling.
While working to create a functional new code of law that complies with Lawrence vs. Texas, the U.S. Supreme Court ruling that struck down anti-sodomy laws, the Virginia State Crime Commission decided to keep the commonwealth's existing ban on sodomy on their books.
The Virginia State Crime Commission is an advisory committee for the commonwealth government (Virginia is technically not a state) with members from both their Senate and House of Delegates sitting on the committee alongside gubernatorial appointees.
Earlier this week, the commission decided not to repeal laws prohibiting certain businesses from operating on Sundays and a ban on flag mutilation, though both laws had been declared unconstituional in the 1980s.
According to the Washington Times, members of the commission decided to leave their law banning sodomy on the books because doing so would invalidate pending court cases involving people charged are convicted under the law.
"The reason we're going to do that is right now there are several cases working through the court systems in Virginia," said Kimberly Hamilton, executive director of the Virginia Crime Commission. "The [Attorney General´s] Office is going to deal with that on an appellate level."
The Attorney General's Office could not say how many cases involving the sodomy law are pending.
Sodomy is punishable by up to five years in prison and a $2,500 fine, even when the act takes place between a married couple. However, the law has only been used against homosexuals for some time.
After much debate, the commission asked the Title 18.2 Study Sub-Committee to look into creating a new law would forbidding consenting adults from engaging in sodomy or oral sex in public places, and keeping sex acts with juveniles and prostitutes illegal. Their report was issued today.
It is not clear if they intend to allow men and women to engage in vaginal penetration in public – they were only specific regarding sodomy and oral sex in public.
The exact recommendation of the Title 18.2 Study Sub-Committee to ensure public sex acts are banned reads as follows: "If any person carnally knows in any manner any brute animal, or in a public place carnally knows any male or female person by the anus or by or with the mouth, or voluntarily submits to such carnal knowledge, he or she shall be guilty of a Class 6 felony, except as provided in subsection B."
Subsection B refers to incestuous acts.
"A lot of people don't agree that certain sex acts should be legal in Virginia," Delegate David B. Albo said. "Some people don't want to capitulate to a decision by the Supreme Court they consider to be completely wrong." Albo went on to cite a number in incidents in which homosexuals engaged in public sex acts in county and state parks; police stings over the last few years have resulted in more than 50 arrests.
Adam Ebbin, who just recently became the first gay man to be elected to the Virigina House of Delegates, was upset by the decision to keep the sodomy law on the books.
"It's just silly," said Delegate-elect Ebbin. "Here we are in the 21st century, and Virginia is not quite ready to make the commitment to get into the 20th century."
Virginia Attorney General Jerry W. Kilgorein, who will help draft the new law, said in a written statement that, "The people of Virginia have a right to say that they do not want these acts performed in public and that such acts, if performed against someone's will, are criminal."
It was apparently never suggested that existing laws against public indecency or against rape would have covered that ground.
If approved by the General Assembly, the new laws will go into effect July 1. The commission will have its recommendations for the new law prepared by its January 13 meeting.
To read the Title 18.2 Study Sub-Committee reccomendations, click here.
