Supremes consider sodomy

December 2, 2002

The Supreme Court will hear a case challenging a Texas law that bans same-sex intercourse.

Nine states ban consensual sodomy (defined as "abnormal sex") for everyone. Four states, including Texas, only ban homosexual sodomy. One interesting question before the court is whether laws that punish only homosexual acts are a violation of equal protection under the constitution.

Here's what Texas said in its brief supporting the law:

The Texas statute "does not apply only to persons with a fixed homosexual orientation. It applies equally to bisexuals, and to heterosexuals who are tempted to engage in homosexual conduct because of confinement in prison, an interest in sexual experimentation or any other reason.... If Dr. Alfred C. Kinsey’s estimates are accurate, as little as fifty percent of the population remains exclusively heterosexual, ... which would mean that the statute may affect the contemplated conduct of more heterosexual or bisexual individuals than individuals who view themselves as exclusively homosexual in orientation. Therefore, it is not at all clear that the statute 'targets' any particular group for discriminatory treatment."

Got that?

It seems unlikely, but hopefully the Court will throw out all of these sorts of laws.

More on the case here.