Full Federal Appeals Court Unanimously Rejects
Cuccinelli’s Bid To Reinstate Anti-Sodomy Law
Late last month, Virginia Attorney General Ken Cuccinelli (R) filed a
petition asking the full United States Court of Appeals for the Fourth
Circuit to reinstate Virginia’s “Crimes Against Nature” law, which makes
oral and anal sex a felony. A three-judge panel of that same court had
struck down the law, noting that it cannot be squared the Supreme
Court’s decision in Lawrence v. Texas, which prohibits laws
criminalizing non-commercial sexual activity between consenting adults.
Yesterday, the Fourth Circuit issued an order rejecting Cuccinelli’s
request. Notably, not one of the court’s judges requested a poll of the
court to consider Cuccinelli’s petition, so his petition received no
support whatsoever from the court’s members.
As ThinkProgress noted last week, this case involved a felony
prosecution of a 47 year-old man charged with soliciting oral sex from a
17 year-old girl. While a blanket ban on oral sex is unconstitutional
under Lawrence, Virginia is permitted to pass laws criminalizing sex
with people who are underage. Indeed, the Virginia legislature
considered a bill which would have done exactly that, by bringing the
“Crimes Against Nature” law in compliance with Lawrence, in 2004.
Cuccinelli voted against that bill because he wanted to keep an outright
ban on gay sex on the books, even if that ban was unconstitutional.
In other words, if Cuccinelli had not refused to bring state law into
compliance with the Constitution, he wouldn’t have lost his case before
the Fourth Circuit.
http://tinyurl.com/cjvgezy
"Cooch" is considered the frontrunner for the GOP gubernatorial
nomination in Virginia. He is the horse's ass of horse's asses.
Herring will vote for him.