Furthermore, Several states ban consentual Sodomy and the Supreme Court has upheld these laws.
Kansas
21-3505 Criminal sodomy
(a) Criminal sodomy is:
(1) Sodomy between persons who are 16 or more years of age and members of the same sex or between a person and an animal;
(2) sodomy with a child who is 14 or more years of age but less than 16 years of age; or
(3) causing a child 14 or more years of age but less than 16 years of age to engage in sodomy with any person or animal.
(b) It shall be a defense to a prosecution of criminal sodomy as provided in subsection (a)(2) that the child was married to the accused at the time of the offense.
(c) Criminal sodomy as provided in subsection (a)(1) is a class B nonperson misdemeanor.
Criminal sodomy as provided in subsections (a)(2) and (a)(3) is a severity level 3, person felony.
Missouri
566.090, Sexual misconduct, first degree, penalties
1. A person commits the crime of sexual misconduct in the first degree if he has deviate sexual intercourse with another person of the same sex or he purposely subjects another person to sexual contact or engages in conduct which would constitute sexual contact except that the touching occurs through the clothing without that person's consent.
2. Sexual misconduct in the first degree is a class A misdemeanor unless the actor has previously been convicted of an offense under this chapter or unless in the course thereof the actor displays a deadly weapon in a threatening manner or the offense is committed as a part of a ritual or ceremony, in which case it is a class D felony.
(L. 1977 S.B. 60, A.L. 1994 S.B. 693)
Effective 1-1-95
Oklahoma
§21-886 Crime Against Nature
Any person who is guilty of the detestable and abominable crime against nature, committed with mankind or with a beast, shall be guilty of a felony punishable by imprisonment in the State Penitentiary for a period of not more than twenty (20) years. Any person convicted of a second violation of this section, where the victim of the second offense is a person under sixteen (16) years of age, shall not be eligible for probation, suspended or deferred sentence. Any person convicted of a third or subsequent violation of this section, where the victim of the third or subsequent offense is a person under sixteen (16) years of age, shall be punished by imprisonment in the State Penitentiary for a term of life or life without parole, in the discretion of the jury, or in case the jury fails or refuses to fix punishment then the same shall be pronounced by the court.
R.L. 1910, § 2444. Amended by Laws 1992, c. 289, § 1, emerg. eff. May 25, 1992; Laws 1997, c. 133, § 263, eff. July 1, 1999; Laws 1997, c. 333, § 5, eff. July 1, 1999; Laws 1999, 1st Ex.Sess., c. 5, § 167, eff. July 1, 1999.
Texas
Sec. 21.06. Homosexual Conduct.
(a) A person commits an offense if he engages in deviate sexual intercourse with another individual of the same sex.
(b) An offense under this section is a Class C misdemeanor.
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.
Alabama
Section 13A-6-65 Sexual misconduct. (a) A person commits the crime of sexual misconduct if:
Being a male, he engages in sexual intercourse with a female without her consent, under circumstances other than those covered by Sections 13A-6-61 and 13A-6-62; or with her consent where consent was obtained by the use of any fraud or artifice; or Being a female, she engages in sexual intercourse with a male without his consent; or He or she engages in deviate sexual intercourse with another person under circumstances other than those covered by Sections 13A-6-63 and 13A-6-64. Consent is no defense to a prosecution under this subdivision.
(b) Sexual misconduct is a Class A misdemeanor.
(Acts 1977, No. 607, p. 812, §2318.)
Florida
800.02 Unnatural and lascivious act
A person who commits any unnatural and lascivious act with another person commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. A mother's breast feeding of her baby does not under any circumstance violate this section.
History: s. 1, ch. 7361, 1917; RGS 5425; CGL 7568; s. 778, ch. 71-136; s. 2, ch. 93-4.
Idaho
18-6605. Crime Against Nature -- Punishment
Every person who is guilty of the infamous crime against nature, committed with mankind or with any animal, is punishable by imprisonment in the state prison not less than five (5) years.
18-6606. Crime Against Nature -- Penetration
Any sexual penetration, however slight, is sufficient to complete the crime against nature.
Louisiana
R.S. 14:89
A. Crime against nature is:
(1) The unnatural carnal copulation by a human being with another of the same or opposite sex or with an animal, except that anal sexual intercourse between two human beings shall not be deemed as a crime against nature when done under any of the circumstances described in R.S. 14:41, 14:42, 14:42.1 or 14:43. Emission is not necessary; and, when committed by a human being with another, the use of the genital organ of one of the offenders of whatever sex is sufficient to constitute the crime.
(2) The solicitation by a human being of another with intent to engage in any unnatural carnal copulation for compensation.
B. Whoever violates the provisions of this Section shall be fined for not more than two thousand dollars, or imprisoned, with or without hard labor, for not more than five years, or both.
Amended by Acts 1975, No. 612,§ 1; Acts 1982, No. 703,§ 1.
Michigan
750.158 Crime against nature or sodomy; penalty. [M.S.A. 28.355]
Sec.158. Any person who shall commit the abominable and detestable crime against nature either with mankind or with any animal shall be guilty of a felony, punishable by imprisonment in the state prison not more than 15 years, or if such person was at the time of the said offense a sexually delinquent person, may be punishable by imprisonment in the state prison for an indeterminate term, the minimum of which shall be 1 day and the maximum of which shall be life.
History: 1931, Act 328, Eff. Sept. 18, 1931 ;--CL 1948, 750.158 ;--Am. 1952, Act 73, Eff. Sept. 18, 1952.
Former Law: See section 16 of Ch. 158 of R.S. 1846, being CL 1857, § 5871; CL 1871, § 7706; How., § 9292; CL 1897, § 11705; CL 1915, § 15479; CL 1929, § 16831; and Act 57 of 1923.
750.159 Emission need not be proved. [M.S.A. 28.356e]
Sec.159. In any prosecution for sodomy, it shall not be necessary to prove emission, and any sexual penetration, however slight, shall be deemed sufficient to complete the crime specified in the next preceding section.
History: 1931, Act 328, Eff. Sept. 18, 1931 ;--CL 1948, 750.159 ;--Am. 1952, Act 73, Eff. Sept. 18, 1952.
Mississippi
§ 97-29-59. Unnatural intercourse.
Every person who shall be convicted of the detestable and abominable crime against nature committed with mankind or with a beast shall be punished by imprisonment in the penitentiary for a term of not more than ten years.
Sources: Codes Hutchinson's 1848 ch. 64 art. 12 Title 7(20); 1857 ch. 64 art. 238; 1871 § 2701; 1880 § 2968; 1892 § 1321; 1906 § 1396; Hemingway's 1917 § 1139; 1930 § 1170; 1942 § 2413.
North Carolina
14-177. Crime against nature
If any person shall commit the crime against nature, with mankind or beast, he shall be punished as a Class I felon.
South Carolina
Section 16-15-120. Buggery.
Whoever shall commit the abominable crime of buggery, whether with mankind or with beast, shall, on conviction, be guilty of felony and shall be imprisoned in the Penitentiary for five years or shall pay a fine of not less than five hundred dollars, or both, at the discretion of the court.
Utah
76-5-403. Sodomy, Forcible sodomy
(1) A person commits sodomy when the actor engages in any sexual act with a person who is 14 years of age or older involving the genitals of one person and mouth or anus of another person, regardless of the sex of either participant.
(2) A person commits forcible sodomy when the actor commits sodomy upon another without the other's consent.
(3) Sodomy is a class B misdemeanor. Forcible sodomy is a felony of the first degree.
Amended by Chapter 88, 1983 General Session
Virginia
§ 18.2-361 Crimes against nature
A. If any person carnally knows in any manner any brute animal, or 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.
B. Any person who carnally knows by the anus or by or with the mouth his daughter or granddaughter, son or grandson, brother or sister, or father or mother shall be guilty of a Class 5 felony. However, if a parent or grandparent commits any such act with his child or grandchild and such child or grandchild is at least thirteen but less than eighteen years of age at the time of the offense, such parent or grandparent shall be guilty of a Class 3 felony.
Guess what buddy, ALL of these laws are Constitutional. Like it or not.
No. 85-140
SUPREME COURT OF THE UNITED STATES
478 U.S. 186
March 31, 1986
June 30, 1986
CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT
Syllabus
After being charged with violating the Georgia statute criminalizing sodomy by committing that act with another adult male in the bedroom of his home, respondent Hardwick (respondent) brought suit in Federal District Court, challenging the constitutionality of the statute insofar as it criminalized consensual sodomy. The court granted the defendants' motion to dismiss for failure to state a claim. The Court of Appeals reversed and remanded, holding that the Georgia statute violated respondent's fundamental rights.
Held: The Georgia statute is constitutional. Pp. 190-196 .
(a) The Constitution does not confer a fundamental right upon homosexuals to engage in sodomy. None of the fundamental rights announced in this Court's prior cases involving family relationships, marriage, or procreation bear any resemblance to the right asserted in this case. And any claim that those cases stand for the proposition that any kind of private sexual conduct between consenting adults is constitutionally insulated from state proscription is unsupportable. Pp. 190-191 .
(b) Against a background in which many States have criminalized sodomy and still do, to claim that a right to engage in such conduct is "deeply rooted in this Nation's history and tradition" or "implicit in the concept of ordered liberty" is, at best, facetious. Pp. 191-194 .
(c) There should be great resistance to expand the reach of the Due Process Clauses to cover new fundamental rights. Otherwise, the Judiciary necessarily would take upon itself further authority to govern the country without constitutional authority. The claimed right in this case falls far short of overcoming this resistance. Pp. 194-195 .
(d) The fact that homosexual conduct occurs in the privacy of the home does not affect the result. Stanley v. Georgia, 394 U.S. 557 , distinguished. Pp. 195-196 .
(e) Sodomy laws should not be invalidated on the asserted basis that majority belief that sodomy is immoral is an inadequate rationale to support the laws. P. 196 .
760 F.2d 1202, reversed. [p*187]
Opinions
WHITE, J., delivered the opinion of the Court, in which BURGER, C.J., and POWELL, REHNQUIST, and O'CONNOR, JJ., joined. BURGER, C.J., post, p. 196 , and POWELL, J., post, p. 197 , filed concurring opinions. BLACKMUN, J., filed a dissenting opinion, in which BRENNAN, MARSHALL, and STEVENS, JJ., joined, post, p. 199 . STEVENS, J., filed a dissenting opinion, in which BRENNAN and MARSHALL, JJ., joined, post, p. 214 .
By the way, Agustus outlawed adultery 2000 tears ago. Doesn't that show that he beat the commandments to Europe. Just a little tangent