sodomy law

...now browsing by tag

 
 

Singapore High Court Upholds Sodomy Law

Thursday, October 30th, 2014

Singapore - google mapsSingapore’s High Court upheld the country’s sodomy law yesterday.

Towleroad.com reports:

The law, known as Section 377a, has been in place since Singapore was a British colony. It carries up to a two-year jail term for men who commit acts of “gross indecency” with other men, whether in public or in private. Yesterday’s ruling came in response to lawsuits by couple of 16 years Gary Lim [above right] and Kenneth Chee [above left], and by Tan Eng Hong, who was charged under the anti-sodomy law after being arrested while having sex in a public restroom in 2010. Both lawsuits argued that Section 377a infringes their constitutional right to equal protection under Article 12 of the Constitution, and violates their right to life and liberty, as guaranteed by Article 9.

It’s a huge blow to LGBT rights in the country, especially since the government has refused to repeal the law.

Find more articles and gay wedding resources.

Image via Google Maps

Nepal LGBT Rights Set to Go Backward

Sunday, August 3rd, 2014

Nepal Gay RightsAfter becoming one of the most progressive Asian countries in the wake of a 2007 Supreme Court ruling, Nepal is preparing to recriminalize gay sex and block same sex marriage.

Gay Star News reports:

Today, the LGBTI community faces fresh opposition as the law ministry under law and justice minister Narahari Acharya of the ruling Nepali Congress is seeking to enact punitive laws to recriminalize gay sex, Sunil Pant, the country’s first openly gay politician and former member of parliament, told Gay Star News in an email. Gay sex was decriminalized in 2007 after Nepal’s parliament voted to abolish the monarchy. Up till then, homosexuality was deemed an ‘unnatural sex act’ that carried a prison term of up to a year. Under the new laws, gay sex acts will be punishable by three years imprisonment. The new laws will also prohibit same-sex unions, oral and anal sex among heterosexuals, and narrow the definition of rape to only apply to women.

It’s extremely sad to see that a country that had made such progress on KGBT rights may be turning its back on its LGBT community. Maybe the ban on oral sex for straights will help stir up some opposition?

It just goes to show that you can never stop being vigilant in the fight for equal rights.

Find more articles and gay wedding resources.

Alabama Sodomy Law Not Dead Yet?

Friday, June 20th, 2014

Alabama Attorney General Luther StrangeThe Alabama Sodomy Law may not be entirely dead yet.

Joe.My.God reports:

Last Friday an Alabama appeals court struck down the state’s ban on consensual oral and anal sex. Yesterday Alabama Attorney General Luther Strange indicated that he will seek an appeal of that ruling. In a statement, the attorney general said the office believed the law was unconstitutional as applied to consensual acts. However, he said he was concerned with the impact the decision may have on prosecutions involving non-consensual sex.

It’s the same line AG Ken Cucinelli tried to push to preserve the Virginia sodomy law. He failed.

Find more articles and gay wedding resources in Alabama.

Alabama Sodomy Law Struck Down By State Supreme Court

Sunday, June 15th, 2014

Alabama mapThe Alabama sodomy law, invalid since 2003, was finally actually struck down yesterday.

Joe.My.God reports:

An Alabama appeals court yesterday struck down the state’s ban on consensual oral and anal sex. Such acts have been legal nationwide since Lawrence V Texas, but still. The Alabama Court of Criminal Appeals issued its unanimous ruling in Williams vs. Alabama, the appeal of a Dallas County man who was convicted of sexual misconduct, though the jury found the homosexual sexual encounter was consensual. The Alabama Court of Criminal Appeals said today a portion of Alabama’s sexual misconduct statute is unconstitutional. It was referring to code section 13A-6-65, which reads in part, “consent is no defense to a prosecution.” The state appeals court noted the legislative commentary for the statute says the consent section “was changed by the legislature to make all homosexual conduct criminal, and consent is no defense.”

Sodomy laws have been used selectively to persecute gays in many states, and were all invalidated by the US Supreme Court in 2003, but many states have refused to remove them from their books.

Find more articles and gay wedding resources in Alabama.

USA, Louisiana: House Votes 66-27 to Keep Invalid Sodomy Law

Wednesday, April 16th, 2014

Louisiana mapA law that was invalidated by the US Supreme Court more than a decade ago will live on in Louisiana.

LGBTQ Nation reports:

Rep. Patricia Smith, D-Baton Rouge, sought to remove consensual sex between people of the same sex from Louisiana’s crimes against nature law. The U.S. Supreme Court threw out a similar Texas law a decade ago in Lawrence v. Texas. Smith brought the bill after Baton Rouge-area police arrested gay men using the law but couldn’t charge them because the district attorney said the law was unenforceable. She said the bill would help police officers do their jobs more efficiently by getting rid of an unusable law. “The bill only removes unconstitutional language,” she said. But Smith couldn’t win the backing of the House, which voted 66-27 against her repeal proposal. The bill was opposed by religious and conservative organizations.

You really get the feeling that these anti-gay folks on the right will do everything they can to hold on to their bigotry until the day they die, no matter how ineffective it is.

Find more articles and gay wedding resources in Louisiana.

India: Supreme Court Will Reconsider Law Criminalizing Homosexuality

Thursday, April 3rd, 2014

IndiaIndia’s Supreme Court will look at the law making being gay a crime once again.

Towleroad.com reports:

The Hindu reports: A bench headed by Chief Justice P Sathasivam, before whom the matter was mentioned by senior lawyers appearing for different parties, said that it will go through the documents and consider their plea. Curative petition is the last judicial resort available for redressal of grievances in court and it is normally considered by judges in-chamber without granting opportunity to parties to argue the case.

I’m not sure if anything fundamental has changed here – unless there’s new evidence, it’s the same crew that already upheld the law twice. But we can always hope.

Find more articles and gay wedding resources.

India: New Challenge to Anti Gay Law

Tuesday, April 1st, 2014

Naz Foundation IndiaThe Naz Foundation, an HIV support group, petitioned the Indian Supreme Court to reconsider its decision about the country’s anti gay law.

Pink News reports:

Campaigners in India have begun a new challenge against the Supreme Court’s decision to recriminalise homosexuality. The Naz Foundation, an HIV support group, yesterday filed a curative petition challenging last December’s verdict. It argues that the court made a “mistake” in its judgment and is guilty of a “gross miscarriage of justice”.

Courts don’t generally like to be told that they were wrong, and with a new conservative government in power, it may be years before this injustice is finally addressed.

Find more articles and gay wedding resources.

USA, Virginia: Sodomy Law Finally Repealed

Thursday, March 6th, 2014

VirginiaThe House in Virginia finally voted to repeal the state’s unconstitutional “sodomy” ban.

Towleroad.com reports:

Virginia’s House of Delegates on Thursday unanimously passed in a 100 to 0 vote a bill that would eliminate the state’s unconstitutional ban on sodomy that criminalized oral and anal sex since 1950, ThinkProgress reports. Previously approved by the Virginia state Senate in a similar unanimous vote, the bill now awaits Democratic Governor Terry McAuliffe’s signature or veto.

The statute in question, Virginia’s Crimes Against Nature law, technically should have been made defunct after the Supreme Court ruling in Lawrence v. Texas which found that the state could not infringe on the rights of adult individuals to have consensual sex. However, many Republican legislators in Virginia, including former gubernatorial candidate Ken Cuccinelli, fought to keep it in place. The sodomy ban was battered in the courts and the Supreme Court made sure to keep clear of the case.

Another victory in Virginia – amazing that the vote was 100 to 0. Now, Virginia really is for lovers.

Find more articles and gay wedding resources in Virginia.

India: Supreme Court Re-Criminalizes Gay Sex

Wednesday, December 11th, 2013

India Taj MahalIn a stunning turnaround, India’s Supreme Court overturned a lower court ruling, basically reinstating the country’s sodomy ban.

The Washington Blade reports:

The Supreme Court of India on Wednesday ruled consensual same-sex sexual activity remains illegal in the country. This decision overturns a 2009 Delhi High Court ruling that decriminalized homosexuality in the world’s second most populated nation. India’s top court also said only lawmakers can repeal the colonial-era sodomy law that has been in place since 1860. NDTV reported LGBT rights advocates who had gathered outside the court began to cry when they heard the ruling. Others gathered in the streets of Mumbai to protest the decision.

LGBT rights groups are stunned.

Joe.My.God reports:

We are deeply disappointed at the decision of the Supreme Court in Suresh Kumar Kaushal v. Naz Foundation. The decision by overturning the historic Delhi High Court judgment which recognized that Lesbian, Gay, Bisexual, Transgender (LGBT) persons are full citizens of India, attempts to stem the tide of history. By overturning the Naz Foundation judgment, the Supreme Court has, in one fell stroke again reduced LGBT persons to the status of what the Delhi High Court memorably called ‘unapprehended felons’

If you ever start to forget that you are a second-class citizen, don’t worry – someone will come along to remind you.

Find more articles and gay wedding resources.

USA, Virginia: US Supreme Court Will Not Hear Case to preserve Sodomy Law

Monday, October 7th, 2013

Virginia Attorney General Ken CuccinelliSome late breaking news here – the US Supreme Court has just turned down Ken Cuccinelli’s attempt to preserve the state’s law against “sodomy”.

Joe.My.God reports:

The US Supreme Court today refused to hear the appeal of Virginia Attorney General Ken Cuccinelli, who lost an earlier suit to reinstate the ban on sodomy. The high court on Monday refused to hear from Virginia state officials who wanted to get the state’s ban on oral and anal sex reinstated. In March, the 4th U.S. Circuit Court of Appeals in Richmond declared Virginia’s law unconstitutional.

As Joe comments: “Suck it, Cooch. No, really. It’s legal.”