Virginia Sodomy Law Challenged
State Defending Law Against Suit From Men Caught Soliciting Sex
Focus on
the Family, October 10, 2000
By Mark Cowan, correspondent
SUMMARY: Three judges of the Virginia Court of Appeals are currently considering a
challenge to that state’s law forbidding sodomy.
Parks are supposed to be a place where people can go for exercise and relaxation. But
in Roanoke, Va., some were using the parks for sexual gratification. Now, 10 men convicted
of soliciting undercover officers for oral sex are challenging the state’s sodomy
law.
"The statue, which creates the felony of sodomy, is on its face unconstitutional
as an over-broad attempt to regulate the private sexual behavior of consenting
adults," said attorney Sam Garrison, who is representing the men.
Joe Glover, of Virginia’s Family Policy Network, contends Garrison is stretching
the law’s intent.
"This law is only invoked when you have situations like Sam Garrison’s
clients in public parks soliciting sex from perfect strangers," Glover said.
"Obviously, what they really want, is they want to be able to have sexual activity
between men in public places anywhere, anytime."
David Botkins, spokesman for Virginia Attorney General Mark Earley, expressed support
for the state’s law.
"There is no right to commit homosexual sodomy, despite the defendants’
arguments to the contrary," Botkins said. "Almost every court in Virginia and
the United States Supreme Court itself have all upheld the constitutionality of the law in
question."
He added that should the law be overturned on privacy grounds, statutes against
prostitution and assisted suicide would be threatened.
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