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Last edited: April 21, 2007
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Minnesota
The sodomy ruling came in two parts from Hennepin County District Judge
Delila Pierce. In May 2001, she ruled that the sodomy law was unconstitutional
as applied to the plaintiffs before her. The State had 60 days to appeal that
ruling, and did not.
The second ruling came on July 2, 2001, in which Judge Pierce certified the
plaintiffs before her as a statewide class; the purported effect of this
ruling is to allow her ruling to have statewide application. The State
similarly had 60 days to appeal that decision, and did not.
The State has widely been seen as supportive of Judge Pierce’s rulings,
though the State is in the position of theoretically having to defend its
statutes.
The Minnesota Supreme Court dismissed an ethics complaint against Attorney
General Mike Hatch on June 25, 2001, which had alleged he had violated
professional ethics by failing to adequately defend the sodomy law; the ruling
by Chief Justice Kathleen Blatz was entirely silent on the Court’s view of
Judge Pierce’s rulings.
Thanks to Phil Duran of OutFront Minnesota and a plaintiff in the case
for this synopsis.
609.293 Sodomy
Subdivision 1. Definition. "Sodomy" means carnally knowing any person by the
anus or by or with the mouth.
Subd. 2. Repealed, 1977 c 130 s 10
Subd. 3. Repealed, 1977 c 130 s 10
Subd. 4. Repealed, 1977 c 130 s 10
Subd. 5. Consensual acts. Whoever, in cases not coming within the provisions of
sections 609.342 or 609.344, voluntarily engages in or submits to an act of sodomy with
another may be sentenced to imprisonment for not more than one year or to payment of a
fine of not more than $3,000, or both.
HIST: 1967 c 507 s 4; 1977 c 130 s 4; 1984 c 628 art 3 s 11
1937 The
Minnesota Supreme Court upholds a sodomy conviction based on letters opened by
the post office, the first such situation reported in a U.S. sodomy case.
1963 The
Minnesota legislature passes a new criminal code, but fails to change any of
the sex offense sections, stating that they were just too controversial to
handle.
- Minnesota Masseuse May Lose License for Having
Sexual Relations with Her Husband
- The Associated Press, August 7, 2006
A Masseuse could lose her state license as a massage therapist for having
sexual relations with her husband who is a former client. He saw her
professionally from October 2000 to May 2002, and the two say they started
dating in July 2002. But when they consummated the relationship a few
months later, they ran afoul of a Minnesota law that bans massage
therapists from having sexual relations with former clients for two years.
- Minnesota Group Denounces ‘Whorehouse Days’
- The Associated Press, January 27, 2005
- Twin Cities Gay Rights Groups
Hail Decision; Conservatives Express Dismay - Minneapolis
Star Tribune, June 26, 2003
- Ventura Relents in Minnesota Sodomy Fight -
September 5, 2001
- Minnesota Sodomy Law Repealed - September 5,
2001
- Default Dooms Minnesota Sodomy Law -
September 4, 2001
- Attorney General Will Not Appeal Sodomy Ruling
- September 1, 2001
- The Last Sodomites - July 18, 2001
- Judge Throws Out Minnesota’s Sodomy Law -
July 12, 2001
- Sodomy Law Overturned - July 6, 2001
- Sodomy Ruling Applies to Every Adult in Minnesota
- July 3, 2001
- Judge Says Minnesota’s Sodomy Repeal Applies to
All Adults - July 3, 2001
- Judge Extends Ruling in Sodomy Case to Minnesota
Adults - July 3, 2001
- Minnesota Court Expands Sodomy Law Ruling -
July 2, 2001
- Court Ruling Striking Down Sodomy Law Will Apply
to Every Adult in Minnesota - July 2, 2001
- Minnesota Judge Says Sodomy Ruling Applies to
Every Adult in State - July 2, 2001
- Lipman Not Behind the Wheel of Hatch Recall Bid,
He Says - June 26, 2001
- Minnesota Sodomy Law Down, Still Under Attack
- June 14, 2001
- Ventura Opposes Sodomy Law But Won’t Stop Legal
Challenge - June 8, 2001
- Ventura Fights Sodomy Ruling - June 7, 2001
- Sodomy Law Returns to Courts for Review of Scope
- June 6, 2001
- Ventura Administration Tries To Limit Ruling
Striking Down Sodomy Law; Hearing Thursday - June 6, 2001
- ACLU: Jesse Ventura Trying to Limit Ruling That
Struck Down Sodomy Law - June 6, 2001
- Sodomy Law Returns to Courts for Review of Scope
- June 6, 2001
- Minnesota Battling Court’s Sodomy Law Ruling
- June 5, 2001
- Letter: A Platform to Misinform - May 27,
2001
- Minnesota Judge Strikes Down Sodomy Law - May
25, 2001
- Sodomy Law Struck Down in Minnesota - May 25,
2001
- Court Strikes Down Minnesota Sodomy Law - May
22, 2001
- Minnesota Sodomy Law Struck Down - May 22,
2001
- Minnesota Sodomy Law Struck Down - May 21,
2001
- Hennepin County Judge Finds Sodomy Law
Unconstitutional - May 21, 2001
- State Court Strikes Down Minnesota’s Sodomy Law
- May 21, 2001
- ACLU: Court Strikes Down Minnesota Sodomy Law
- May 21, 2001
- Minnesota Sodomy Law Challenged - June 23, 2000
- ACLU Takes Aim at State Sodomy Law that 'Invites the State into
Every Bedroom in Minnesota' - June 22, 2000
- MCLU Suing to Overturn Minnesota’s Sodomy Law - June 22,
2000
- Officials Say Being Openly Gay Isn’t a
Detriment - November 21, 1999
- Log Cabin Republicans of Minnesota Condemns Actions Taken by
Senator Neuville and Limmer to Retain Silly and Senseless Laws - March 20, 1999
- Activists React to Repeal of Georgia Sodomy Law in Minnesota
- November 25, 1998
Outfront Minnesota
310 E. 38th St., Suite 204, Minneapolis, MN 55409-1337
612-822-0350 ext. 616, 800-800-0350 ext. 616
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