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2016 Postmortem
Related: About this forumFull Federal Appeals Court Unanimously Rejects Cuccinelli’s Bid To Reinstate Anti-Sodomy Law
Full Federal Appeals Court Unanimously Rejects Cuccinellis Bid To Reinstate Anti-Sodomy Law
Late last month, Virginia Attorney General Ken Cuccinelli (R) filed a petition asking the full United States Court of Appeals for the Fourth Circuit to reinstate Virginias Crimes Against Nature law, which makes oral and anal sex a felony. A three-judge panel of that same court had struck down the law, noting that it cannot be squared the Supreme Courts decision in Lawrence v. Texas, which prohibits laws criminalizing non-commercial sexual activity between consenting adults. Yesterday, the Fourth Circuit issued an order rejecting Cuccinellis request. Notably, not one of the courts judges requested a poll of the court to consider Cuccinellis petition, so his petition received no support whatsoever from the courts members.
As ThinkProgress noted last week, this case involved a felony prosecution of a 47 year-old man charged with soliciting oral sex from a 17 year-old girl. While a blanket ban on oral sex is unconstitutional under Lawrence, Virginia is permitted to pass laws criminalizing sex with people who are underage. Indeed, the Virginia legislature considered a bill which would have done exactly that, by bringing the Crimes Against Nature law in compliance with Lawrence, in 2004. Cuccinelli voted against that bill because he wanted to keep an outright ban on gay sex on the books, even if that ban was unconstitutional.
In other words, if Cuccinelli had not refused to bring state law into compliance with the Constitution, he wouldnt have lost his case before the Fourth Circuit.
http://thinkprogress.org/justice/2013/04/09/1843231/full-federal-appeals-court-unanimously-rejects-cuccinellis-bid-to-reinstate-anti-sodomy-law/
Late last month, Virginia Attorney General Ken Cuccinelli (R) filed a petition asking the full United States Court of Appeals for the Fourth Circuit to reinstate Virginias Crimes Against Nature law, which makes oral and anal sex a felony. A three-judge panel of that same court had struck down the law, noting that it cannot be squared the Supreme Courts decision in Lawrence v. Texas, which prohibits laws criminalizing non-commercial sexual activity between consenting adults. Yesterday, the Fourth Circuit issued an order rejecting Cuccinellis request. Notably, not one of the courts judges requested a poll of the court to consider Cuccinellis petition, so his petition received no support whatsoever from the courts members.
As ThinkProgress noted last week, this case involved a felony prosecution of a 47 year-old man charged with soliciting oral sex from a 17 year-old girl. While a blanket ban on oral sex is unconstitutional under Lawrence, Virginia is permitted to pass laws criminalizing sex with people who are underage. Indeed, the Virginia legislature considered a bill which would have done exactly that, by bringing the Crimes Against Nature law in compliance with Lawrence, in 2004. Cuccinelli voted against that bill because he wanted to keep an outright ban on gay sex on the books, even if that ban was unconstitutional.
In other words, if Cuccinelli had not refused to bring state law into compliance with the Constitution, he wouldnt have lost his case before the Fourth Circuit.
http://thinkprogress.org/justice/2013/04/09/1843231/full-federal-appeals-court-unanimously-rejects-cuccinellis-bid-to-reinstate-anti-sodomy-law/
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Full Federal Appeals Court Unanimously Rejects Cuccinelli’s Bid To Reinstate Anti-Sodomy Law (Original Post)
Tx4obama
Apr 2013
OP
blue neen
(12,306 posts)1. Ken Cuccinelli is a total wacko.
Let's hope the Democrats come up with someone good to run against him in Virginia.
Rowdyboy
(22,057 posts)2. That appears to be pretty much settled..Terry McAuliff is the only Democrat running (that I know of)
so he's pretty much going to be the Democratic nominee.
On edit: On April 2nd the Democratic party of Virginia certified McAuliff as the party's nominee for governor.
SunSeeker
(51,372 posts)3. Cuccinelli should be disbarred. nt