Hawai`i
History
1841 A
series of laws is enacted while Hawaii still was an independent nation,
including a puzzling edict that “men and boys are forbidden to run in crowds
after new things. Whosoever does this in an indecent manner shall be punished
thus; he shall be taken to the house of confinement and remain till he pay a
rial [unit of currency], and be sent at liberty.”
1946 The
first sodomy-related case ever to reach the U.S. Supreme Court involves the
entrapment of a man by military police into solicitation. The Court refuses to
hear the case.
1983 The
Hawaii Supreme Court, in a non-sodomy case, discusses the state’s explicit
privacy rights amendment to the constitution and decides that it still does
not protect sodomy from prosecution, even though the state has repealed its
sodomy law. This means the state would be free to reenact a sodomy law at any
time.
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