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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: CDB
"Since when did China ever worry about "the rule of law?""

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 adheered 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?
61 posted on 01/14/2005 4:22:47 PM PST by NJ_gent (Crouch down and lick the hand that feeds you; and may posterity forget that ye were our countrymen.)
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To: weegee
I stand opposed to judicial tyranny. Let the legislature overturn the law, not the courts. It is only being done away with now to set the stage for further legislating from the bench.

Agreed -contravening the legislative process by cherry picking judicial fiat causes disorder often contravening the moral will of the people.

62 posted on 01/14/2005 4:25:36 PM PST by DBeers
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To: KidGlock

The title doesn't match the activity mentioned.


63 posted on 01/14/2005 4:28:26 PM PST by AmishDude
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To: NJ_gent

You are doing great throughout this forum. Stay with it, especially skewering the Al Capone-type convictions. Thank you.


64 posted on 01/14/2005 4:28:55 PM PST by jammer
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To: adam_az
Giving it away for free is legal, but charging for it isn't. Sheesh.

As any economist will tell you: TINSTAFP.

65 posted on 01/14/2005 4:34:24 PM PST by AmishDude
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To: jammer
"especially skewering the Al Capone-type convictions."

It was my understanding that Capone really didn't pay taxes on his income. Unless and until we overturn the income tax, it remains a part of the highest law of our land. That's quite a bit different from saying that Capone cursed too much at home, so we're going to jail him. It's unfortunate that we've yet to come up with laws that deal properly with people like Capone. RICO works effectively, but it's so open to abuse that it too should probably have never been passed.
66 posted on 01/14/2005 4:36:02 PM PST by NJ_gent (Crouch down and lick the hand that feeds you; and may posterity forget that ye were our countrymen.)
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To: KidGlock

I had sex as a single. So technically if I and the missus did it in Virginia, we'd be criminals. Strike a blow for common sense!


67 posted on 01/14/2005 4:38:23 PM PST by goldstategop (In Memory Of A Dearly Beloved Friend Who Lives On In My Heart Forever)
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To: goldstategop
"I had sex as a single. So technically if I and the missus did it in Virginia, we'd be criminals."

A regular Bonnie and Clyde, you two.
68 posted on 01/14/2005 4:49:18 PM PST by NJ_gent (Crouch down and lick the hand that feeds you; and may posterity forget that ye were our countrymen.)
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To: KidGlock

Oh, NO! Next thing you know they'll be allowing dances in schools, with the people holding hands and touching each other, which leads to fornication! (/sarcasm off)

To the old fogeys on this topic, one thing I LOVE asking people like you is a very simple question- "Were YOU a virgin before marriage?" (laughing right now- I can't even tell you some of the dropped-jaws and shocked reactions I've gotten when I've asked people preaching on this subject that question. Priceless!)


69 posted on 01/14/2005 5:19:46 PM PST by richmwill
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To: Corin Stormhands

ROFLOL


70 posted on 01/14/2005 5:20:27 PM PST by Professional Engineer (When buying a new vehicle, for GOD SAKE spring for the optional turn signals.)
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To: KidGlock

"Virginia Court Strikes Down Law Against Sex By Singles"

Where are the Muslims when you really need them?


71 posted on 01/14/2005 5:32:30 PM PST by SausageDog
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To: Celtjew Libertarian

LOL!!!!! just ask Chuck Robb


72 posted on 01/14/2005 5:47:50 PM PST by katiedidit1
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To: KidGlock

Does this mean Virginians are now allowed to have sex by themselves ?


73 posted on 01/14/2005 6:23:42 PM PST by festus (The constitution may be flawed but its a whole lot better than what we have now.)
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To: July 4th

Which of the many bad ways in particular were you meaning ?

On second thought. Don't answer that ;-)


74 posted on 01/14/2005 6:25:59 PM PST by festus (The constitution may be flawed but its a whole lot better than what we have now.)
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To: festus

The former Gov. Wilder had a thing with a belly dancer? lol and chuckie robb...well ...y'all know that story


75 posted on 01/14/2005 6:58:49 PM PST by katiedidit1
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To: adam_az
Giving it away for free is legal, but charging for it isn't.

Commerce Clause?

76 posted on 01/14/2005 7:24:17 PM PST by Pearls Before Swine
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To: Andrew LB

And I'll be sure not to date a guy with that mentality, I think we are even now.


77 posted on 01/14/2005 7:35:02 PM PST by Celtic Rose (It may be prudent in me to act sometimes by other men's reason, but I can think only by my own)
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To: KidGlock

I thought the headline meant "sex while a person is alone" doh!


78 posted on 01/14/2005 7:44:21 PM PST by isom35
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To: TOUGH STOUGH

I suppose our rights to life liberty and the pursuit of happiness come from the laws on the books as well?


79 posted on 01/14/2005 8:15:11 PM PST by College Repub
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To: Pearls Before Swine

I've never understood the logic behind banning sex for money. After all its a consensual activity that takes place in private. Who gets harmed?


80 posted on 01/14/2005 8:17:49 PM PST by goldstategop (In Memory Of A Dearly Beloved Friend Who Lives On In My Heart Forever)
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