Alabama Court Declares State Ban on Gay Sex Unconstitutional

Today the Alabama Court of Criminal Appeals declared the state's sodomy law unconstitutional.

Alabama-mapJurist reports:

The appeal was brought by a Dallas County, Alabama, man who was charged with engaging in consensual sodomy with another man and ultimately sentenced to 12 months in jail for "sexual misconduct." The Alabama statute prohibiting such conduct states that "consent is no defense" to a prosecution under this law and the appeals court revealed that the commentary to the statute shows that the law was specifically enacted "to make all homosexual conduct criminal." 

Though such laws are moot considering that the U.S. Supreme Court declared all sodomy laws unconstituional in the 2003 case of Lawrence v. Texas, eleven states still have such laws on their books including Florida, Idaho, Kansas, Louisiana, Michigan, Mississippi, North Carolina, Oklahoma, South Carolina, Texas and Utah.

In fact, just two months ago Louisiana voted to keep their unconstitutional law on the books, and even arrested men the year before under its unconstitutional provisions. Russian President Vladimir Putin has pointed to the existence of such laws in the U.S. to deflect criticism of his country's odious anti-gay laws.

Even though such laws criminalize any consensual anal or oral intercourse between adults, the laws are usually used to persecute LGBT individuals. On the bright side, however, Virginia voted last month to repeal their state's sodomy law


  1. Esther Blodgett says

    Alabama is a poor state with social services to match. Why will the government spend money on a case like this rather than on education, housing, food or a plethora of other services that the population lacks?

    The priorities appall me.

  2. Cd in DC says

    never been prouder to be from Bama, they may get there 10 or 11 years after everyone else but they get there. Having a lesbian in the state house has done a lot of good, as it’s hard to vilify someone you know.

  3. Derrick from Philly says

    So, does this mean that I can have sex in Alabama now? Will the state supply me with a University of Bama football player for that purpose? I’ll settle for an Auburn player if necessary. I’m not picky.

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