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Neither the Constitution or common sense leaves much of an alternative |
Sect. XIV. Whosoever shall be guilty of rape, polygamy, or sodomy* with a man or woman, shall be punished; if a man, by castration, a woman, by boring through the cartilage of her nose a hole of one half inch in diameter at the least.
* Paragraph 25. H. 8. C. 6. Buggery is twofold. 1. With mankind, 2. With beasts. Buggery is the Genus, of which Sodomy and Bestiality, are the species. 12. Co. 37. Says, "note that Sodomy is with mankind." But Finch's L. B. 3. c. 24. "Sodomiary is a carnal copulation against nature, to wit, of man or woman in the same sex, or of either of them with beasts." 12. Co. 36. Says, "it appears by the ancient authorities of the law that this was felony." Yet the 25. H. 8. Declares it felony, as if supposed not the be so.... B. Fleta, L. i. c. 37. says, "pecorantes et Sodomitae in terra vivi confodiantur." The Mirror makes it treason. Bestiality can never make any progress; it cannot therefore be injurious to society in any great degree, which is the true measure of criminality in foro civili, and will ever be properly and severely punished, by universal derision. It may, therefore, be omitted. It was anciently punished with death, as it has been latterly. Ll. Aelfrid. 31. and 25. H. 8. c. 6. see Beccaria. Paragraph 31. Montesq.
Peterson, Merrill D. "Crimes and Punishments" Thomas Jefferson: Writings Public Papers (Literary Classics of the United States, Inc. 1984) pp. 355, 356. The penalties for violating sodomy laws in the USA:
Idaho, 5 years to life
Oklahoma, 20 years
Michigan, 15 years
Mississippi, 10 years
Puerto Rico, 8 - 20 years
Louisiana, 5 years/$2000
South Carolina, 5 years/$500
North Carolina, 3 years
Virginia, 1-5 years
Alabama, 1 year/$2000
Missouri, 1 year/$1000
Kansas, 6 months/$1000
Utah, 6 months/$299
Florida, 60 days/$500
Texas, $500