Police Arrest Two Men Under Anti-Sodomy Law Declared Unconstitutional In 2003

[one_voice]

Police in Baton Rouge, Louisiana arrested two men last week under a statute prohibiting “unnatural carnal copulation by a human being with another of the same sex.” Meanwhile, the Supreme Court declared bans on sex between consenting adults more than a decade ago.

The arrest occurred after an officer discovered the two men having sex in the backseat of a car that was parked after hours in a public park. Though a judge eventually threw the “crime against nature” count out, both men were booked into a local prison and at least one of them was still in that prison the afternoon after his arrest.

As a constitutional matter, the two men could still face criminal charges for their actions. Both men face trespassing charges — and trespassing charges do not become unconstitutional simply because the trespassers were having sex. Additionally, the Supreme Court’s 2003 decision in Lawrence v. Texas still permits prosecutions for public sex acts. The statute that the two men were charged under bans any form of so-called “unnatural carnal copulation,” even if it is done privately and with consent. So it is unconstitutional.

As recently as 2013, the Baton Rouge Sheriff’s Office ran an unconstitutional sting operation where officers sought out men interested in having consensual gay sex and then arrested the men for so-called crimes against nature, though none of these men were prosecuted. After the more recent incident last week, Baton Rouge Police Chief Carl Dabadie sent a memo to his department reminding them not to arrest people under the unconstitutional crimes against nature law.

http://thinkprogress.org/justice/2015/02/20/3624719/louisiana-police-arrest-two-men-anti-sodomy-law-declared-unconstitutional-2003/

I guess some states are going to do whatever they want..


edited to add:

Louisiana Cops Apologize for Arresting 2 Gay Men Under Voided Anti-Sodomy Statute

A Louisiana police department has apologized after one of its officers arrested two gay men for allegedly having sex, under anti-sodomy statute that was rendered void by a Supreme Court decision 12 years prior.

According to local newspaper The Advocate (not to be confused with LGBT magazine), the two men, ages 33 and 25, were spotted on Feb. 12 engaging in sexual activity in the backseat of a car in a Baton Rouge park after hours. They were both booked on counts of trespassing and “crimes against nature,” which invokes the state’s old laws against sodomy. Lawrence v. Texas (2003) deemed such statutes unconstitutional.

A district judge reportedly threw out the “crimes against nature” charge, but the police department does intend to pursue punishment for the trespassing count. Law enforcement officials also apologized to the two men for the wrongful charge.

“The officers made a mistake,” Baton Rogue police spokesman Lt. Jonny Dunham told The Advocate. “The chief wants to send his apologies to those individuals for making that mistake and has contacted supervisors to make sure this doesn’t happen again.”

http://www.mediaite.com/online/louisiana-cops-apologize-for-arresting-2-gay-men-under-voided-anti-sodomy-statute/

more:

[Manifestor_of_Light]

1. I believe that was Lawrence v. Texas, a Houston case.

The parties in Lawrence v. Texas were in an apartment.

We don't need no stinkin' Supremes tellin' us whut to doooo!!!!

That's real fine police work, Lou. ((((SARCASM))))

[mythology]

2. When cops arrest people for obviously unconstitutional crimes

The cops ought to go to jail.

As for the sex in public, sure it shouldn't be done, but sending them off is far more appropriate.

[Taitertots]

3. But why didn't all the so-called good cops stop them