Last edited: March 26, 2005

 

New Hampshire

  • Statute: Repealed 1975

This repeal was discovered by Frank Kameny a year after it happened because of the ingenious way in which it had been accomplished by the bill's sponsor. The 1971 criminal code (effective 1973) did not repeal the sodomy law, but reduced it the penalty to a misdemeanor and exempted married couples. The 1975 sexual assault reform law repealed the law. (See Laws of New Hampshire 1975, ch. 302).
-- George Painter


History

            1962     A legal journal reveals perhaps the most extreme misuse of a psychopathic offender law in U.S. history: a 12-year-old boy was processed under the law because he and a 9-year-old boy compared the length of their penises.

            1975     A repeal of the state’s consensual sodomy law is enacted by literally sneaking it past the state’s outspokenly homophobic Governor. A revision of the state’s rape laws created two new sections of law repealing two others, the old rape law and the sodomy law. The Governor had not checked the repealed sections before signing the bill.


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