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."
Agreed -contravening the legislative process by cherry picking judicial fiat causes disorder often contravening the moral will of the people.
The title doesn't match the activity mentioned.
You are doing great throughout this forum. Stay with it, especially skewering the Al Capone-type convictions. Thank you.
As any economist will tell you: TINSTAFP.
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!
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!)
ROFLOL
"Virginia Court Strikes Down Law Against Sex By Singles"
Where are the Muslims when you really need them?
LOL!!!!! just ask Chuck Robb
Does this mean Virginians are now allowed to have sex by themselves ?
Which of the many bad ways in particular were you meaning ?
On second thought. Don't answer that ;-)
The former Gov. Wilder had a thing with a belly dancer? lol and chuckie robb...well ...y'all know that story
Commerce Clause?
And I'll be sure not to date a guy with that mentality, I think we are even now.
I thought the headline meant "sex while a person is alone" doh!
I suppose our rights to life liberty and the pursuit of happiness come from the laws on the books as well?
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?
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