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View Diary: Ken Cuccinelli asks court to reinstate Virginia sodomy law. Wait, what? (236 comments)

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  •  Well, I think most people believe, with reason, (5+ / 0-)

    that such a law is only going to be enforced against gays.  Notably, the statute makes it hard for your ex to complain, since it's a crime to give as well as voluntarily receive:

    § 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.

    That's not even "gun control". It's more like "massacre control".

    by Inland on Wed Apr 03, 2013 at 01:10:57 PM PDT

    [ Parent ]

    •  of course that is the intent (2+ / 0-)
      Recommended by:
      Inland, Dogs are fuzzy

      only enforce against gay people, I just mean that people who aren't gay, don't like that law when they find out it could apply to them.  Don't think your ex, think your current who finds out about your honey on the side.

      •  There's a point to that: (0+ / 0-)
        Don't think your ex, think your current who finds out about your honey on the side.
        Prosecution would be the least of my fears.  

        More seriously, here in Illinois the adultery and statutes are only brought up in divorce proceedings, where one ex brings up the supposed felony to show the court that the other is a bad parent.  To my knowledge, no court has given it any weight.

        That's not even "gun control". It's more like "massacre control".

        by Inland on Wed Apr 03, 2013 at 01:29:16 PM PDT

        [ Parent ]

      •  Actually the current case is man + woman (1+ / 0-)
        Recommended by:
        wayoutinthestix

        and the state probably ruined the case by focusing on the oral sex (sodomy) and not the consensual part (she was 17 at the time, which is lower than VA's age of consent).  But they probably thought they could use this case to wedge the sodomy law back into the "constitutional" area, and the 4th Circuit wasn't having it.

        Saint, n. A dead sinner revised and edited. - Ambrose Bierce

        by pico on Wed Apr 03, 2013 at 02:03:35 PM PDT

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    •  One has to wonder if he'll still insist that (2+ / 0-)
      Recommended by:
      Inland, TriciaK

      womenfolk who don't voluntarily submit are nonetheless "asking for it"?

      The Cuccinelli Paradox.

    •  Well we can build vans that can see through walls, (0+ / 0-)

      either actively using millimeter/terahertz waves or even passively as long as the house has any kind of radio transmitter (which can be anything from a wifi router to a refrigerator with a poorly shielded motor).  So yes, it is possible though expensive to enforce it by having anti-sodomy vans patrolling the streets (and probably a 4th amendment violation as the technology is not readily available to the general public).

      You have watched Faux News, now lose 2d10 SAN.

      by Throw The Bums Out on Wed Apr 03, 2013 at 05:11:31 PM PDT

      [ Parent ]

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