Virginia is for lovers?

Discussion in 'Politics, Religion, Social Issues' started by numediaman, Apr 1, 2004.

  1. numediaman macrumors 6502a

    Jan 5, 2004
    Chicago (by way of SF)
    Pretty ironic for a state whose motto is "Virginia is for lovers":

    State's law on sex act challenged

    A woman charged under the statute for crimes against nature says sex laws are unconstitutional.

    March 30 2004

    NEWPORT NEWS - A Newport News woman charged with a felony for receiving oral sex in a car is challenging a state law that prohibits certain types of sex between consenting adults.

    A police officer says he found the 21-year-old woman in a parked car receiving oral sex from a man about 3 a.m. Jan. 29. Both were charged with a felony under the statute for crimes against nature.

    The woman's attorney is arguing that the charge is unconstitutional because the U.S. Supreme Court ruled in a Texas case that states can't pass laws that restrict the private sex lives of consenting adults.

    Virginia's statute on crimes against nature says people can't have oral or anal sex, whether homosexual or heterosexual. But the law doesn't specify whether the sex is illegal in public or in private.

    Advocates who have fought against the state's anti-sodomy laws say this case is unusual because the laws are seldom applied to heterosexuals. In Virginia Beach, Lambda Legal is representing a gay man accused of soliciting sex in a public restroom.

    In the woman's case, Sgt. Randy Franklin came upon a parked car in a parking lot outside the Newport Trace apartments on Constance Drive near the Newport Square shopping center. He thought the car - with its taillights on - looked suspicious, so he walked up to the car and used his flashlight to find out what was going on, he said in court.

    The Daily Press is withholding the name of the man and the woman to protect their privacy.

    On Monday - under an agreement with prosecutors - the man pleaded guilty to the lesser charge of indecent exposure. The woman was offered the same plea, said Newport News Assistant Commonwealth's Attorney Jill Schmidtke. If convicted of the felony charge, the woman could face up to five years in jail.

    But her attorney, David M. Lee, says the charge against his client is unconstitutional. He points to a 2003 U.S. Supreme Court decision, Lawrence v. Texas, which struck down state sodomy laws while saying the government can't regulate the sexual behavior of consenting adults in private.

    As a result of the ruling, Lee argued that the state law has already been nullified, and felony charges against his client should be dropped.

    Stating that it was beyond the boundaries of his job to rule on the constitutionality of a statute, Newport News General District Court Judge Bryant L. Sugg denied Lee's motion at a preliminary hearing Monday. Lee said he would continue to argue his case when it goes to trial.

    Advocates against the state's anti-sodomy laws were surprised by the charges.

    "That is very, very rare," said Kent Willis, executive director of the ACLU of Virginia. "One reason is that there are other laws against public acts of sex. The difference is that most acts are a misdemeanor."

    Schmidtke said it is up to the officer at the scene to ultimately determine whether the crime is a felony or a misdemeanor. In this case, the felony for crimes against nature would involve oral or anal sex. A misdemeanor such as indecent exposure involves an obscene display of private parts in public.

    Schmidtke also said that the constitutionality of the statute "is a matter for the legislature.",0,6107492,print.story?coll=d

    The official state marketing logo:

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  2. zimv20 macrumors 601


    Jul 18, 2002
    they should change that heart to an asterisk :)

    it's always interesting to me to see who will fight to keep such laws. hard to tell from the article, but it seems there's a decent possibility that even if the anti-sodomy laws are struck down, she may still be in trouble for doing it in public.
  3. timmyOtool macrumors member

    Yea i think that doing that in public is a crime by my standards, but the act of oral sex being aginst the law??? I hope Missouri doesn't have the same law otherwise I am an outlaw (i am sure that the laws here are even more messed up as we are the state of Ashcrovt)
  4. Neserk macrumors 6502a


    Jan 1, 2004
    I think many people who are against gay marriages because of what the bible says would be surprised to find out that it also forbids oral sex... :D
  5. diamond geezer macrumors regular

    Jan 26, 2004
    If only a womans "cycle" was reversed, so they were "unclean" for most of the month.

    We could then banish them from cities for longer "periods", meaning they wouldn't be there to tempt us into perversion.

    Of course, that was the old testament, which I believe has been somewhat discredited with regards to basing your life on.
  6. Frohickey macrumors 6502a

    Feb 27, 2003

    Sounds like a cop that was fishing for a felony. Some of bad cops do that, since felonies count for more than misdemeanors when it comes time for performance reviews and promotions.

    You might not think that arrest rates matter, but they do.
  7. Mike Teezie macrumors 68020

    Mike Teezie

    Nov 20, 2002
    I'm pretty sure that Oral Sex is illegal in Louisiana too.

    So is driving with no shoes on.

    And get this - 4 females can not, by law, live in a house together, or it is by law automatically considered a brothel. This was passed on to me by LSU's staff when I was looking for a house in the Baton Rouge area.

    What a great state I live in.

    Anybody in the Los Angeles area have room for one more?? I'm handy! I'll help around the house! You can play on my Dual G5 all you want! Please!!

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