Last edited: February 23, 2005

South Carolina

• Statute: 16-15-120, Buggery. Unconstitutional under Lawrence v. Texas. 
• Penalty: 5  years/$500
• Classification: Felony
• Restrictions: None

---

Statute

Section 16-15-120. Buggery.

Whoever shall commit the abominable crime of buggery, whether with mankind or with beast, shall, on conviction, be guilty of felony and shall be imprisoned in the Penitentiary for five years or shall pay a fine of not less than five hundred dollars, or both, at the discretion of the court.

---

History

• The Sensibilities of Our Forefathers

            1869     South Carolina abolishes the death penalty for sodomy, but doesn’t establish a replacement penalty. This oversight isn’t corrected for three years.

            1895     South Carolina adopts the first constitutional ban on voting by those convicted of sodomy. In 1970, South Carolina voters repeal this provision.

---

News

• Sodomy Now Legal in S.C., Across U.S. - TheState.com, June 27, 2003
• U.S. Supreme Court Strikes Down South Carolina’s Sodomy Law - Associated Press, June 26, 2003
• Gay Rights Group Challenges State Sodomy Law - March 19, 2003
• USC Sexual Orientation Policy Draws Fire - December 7, 2001
• USC Faculty Would Ban Sexual Orientation Bias - December 6, 2001

---

Editorials

• June 26: The Day South Carolina Was Changed - Ed Madden on CommonDreams.org, July 4, 2003
• Ruling Makes Gays, at Last, Equal Citizens - Ed Madden on TheState.com, June 28, 2003
• S.C. Laws Used to Discriminate Against Gays - Ed Madden on MyrtleBeachOnline.com, March 22, 2003

---

[Home] [News] [History]