Keep sodomy ban, commission says

Virginia needs a new law that complies with a recent U.S. Supreme Court ruling that struck down anti-sodomy statues, but the state should keep its existing sodomy ban as a nonworking, unconstitutional relic, the state Crime Commission said yesterday.

Removing the state’s more than two-century-old law could doom pending court cases involving people charged or convicted under current Virginia law, members of the commission said.

“The reason we’re going to do that is right now there are several cases working through the court systems in Virginia,” said Kimberly Hamilton, executive director of the Virginia Crime Commission. “The [Attorney Generals] Office is going to deal with that on an appellate level.”

Virginia law prohibits sodomy between consenting adults, even married couples, although it has not been used against married heterosexuals in years. Violators face up to five years in prison and a $2,500 fine.

In June, the Supreme Court ruled that a ban on sodomy between consenting adults in private places violates privacy rights. The high court also ruled that laws against public sex remain valid.

Yesterday the commission asked a subcommittee to further study options for a new law that would bring Virginia into compliance with the Supreme Court ruling. A new law would forbid consenting adults from engaging in sodomy in public places, and keep sex acts with juveniles and prostitutes illegal.

If approved by the General Assembly, the new law would go into effect July 1. The commission will have its recommendations for the new law prepared by its Jan. 13 meeting.

The issue has sparked a debate. Some Democrats said they agree with the high court’s ruling, while some Republicans argued that the acts should be kept illegal.

Delegate Brian J. Moran, Alexandria Democrat, said the issue has been a contentious one for the commission.

“I’ve received more contact from citizens in the commonwealth on this issue than on any other issue,” said Mr. Moran. “They think it would appear to be a retreat from family values. I don’t share that opinion. … I think the Supreme Court got it right. Consenting adults in private should be left alone.”

Delegate David B. Albo, Fairfax Republican who is commission chairman, said this was a tough issue to tackle.

“A lot of people don’t agree that certain sex acts should be legal in Virginia,” Mr. Albo said. “Some people don’t want to capitulate to a decision by the Supreme Court they consider to be completely wrong.”

Mr. Albo cited incidents in which homosexuals engaged in public sex acts in county and state parks. Ongoing police stings over the last few years have resulted in more than 50 arrests.

If Virginia’s existing law is found unconstitutional, acts such as homosexual sex in public could become legal, some lawmakers said. Creating a more specific law would protect against this, Mr. Albo said.

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