Court: Fornication law unconstitutional (VA Supreme Court)

[SCRUBDASHRUB]

Richmond Times-Dispatch Jan 14, 2005

http://richmondtimesdispatch.com/servlet/Satellite?pagename=RTD/MGArticle/RTD_BasicArticle&c=MGArticle&cid=1031780256099

The Virginia Supreme Court ruled unconstitutional today the state law that makes it illegal for nonmarried people to have sex. The court said there is "no relevant distinction" between the Virginia statute outlawing fornication and the Texas sodomy law the U.S. Supreme Court struck down in 2003. The issue came to the Virginia court in the context of a civil lawsuit.

A woman sought damages from a man from whom she had contracted herpes during the two-year sexual relationship. Richmond Circuit Judge T.J. Markow, relying on a 1990 Virginia Supreme Court opinion, ruled that she could not maintain the lawsuit because she had contracted the disease while participating in the illegal act of fornication.

Writing for the Virginia Supreme Court, Justice Elizabeth B. Lacy said, "The Supreme Court in Lawrence indicated that such policies are insufficient to sustain the statute's constitutionality." Lacy emphasized that today's decision applies only "to private consensual sexual intercourse. Our holding does not affect the commonwealth's police powers regarding regulation of public fornication, prostitution or other such crimes," Lacy said.

[TwentyFive]

1. Unconstitutional? Not for long! Bush christian judicial appointees to fix

Wait until tumbleweed nominates Supreme Court Justices....this will not be unconstitutional....I promise.

[saltpoint]

2. "Public fornication" ? Wow. Does anybody have --

-- any pictures?

[leQ]

3. *giggle* (eom)

.

[SCRUBDASHRUB]

4. In VA? What are you kidding? We don't do THAT?!!

:spank: lol

[TahitiNut]

10. Well, you know what it says: "Virginia Is For Lovers"

I guess it's a lie. :shrug:

[Betty]

5. I can't believe a law like that

would even be on the books in this day and age. I wonder if the theocracy-minded born agains will fight to get it reinstated... or is it only gay people who shouldn't have sex?

[Occulus]

11. This is aimed directly at gays

It's not difficult to imagine two scenarios in parallel: making out in a parked car. The guy and girl will get sent home, and guy and guy will get sent to jail.

[Erika]

6. Thank God Ashcroft is out

or these people may be named as terrorists and totally immoral. Bushies see no difference between the two.

[kskiska]

7. I'd always thought, "Virginia Is For Lovers"

At least that's what their advertising says.

[gauguin57]

8. LOL! I guess they meant ...

... Virginia is for Lovers, as long as they're married and only do it "man-on-top-get-it-over-with-quick" style.

[merwin]

9. And VA finally enters the 20th century. Now let's get them to 21! n/t

[Voltaire99]

12. Splendid! Were I single, I would immediately go to Virginia...

...and fornicate in celebration.

You fine Virginians, have one off for me!

As a legal side note, it is nice to see Lawrence v. Texas bearing such fine progeny. Or should I say baring? ;-)