I am aware that sodomy is still against the law in some states, so why aren’t admitted homosexuals (in those states) being arrested?
Maybe they just hold hands?
From what I understand, it’s not enough to say that someone is an admitted homosexual, and therefore probably engaging in sodomy. You would have to actually catch them doing it.
Then there’s the backlash from the community wondering why all sorts of crimes go unsolved and police officers are running around arresting people for consensual sex in the the privacy of their own homes… There are many sex laws on the books in various communities that are probably violated every day, but the police have more important things to do then hang around outside bedrooms trying to figure out if the people inside are having legal or illegal sex. It would just be… stupid.
At least here in Georgia, the sodomy laws cover heterosexual anal and oral sex as well. If the sodomy laws were enforced, you might as well turn the prison system inside out. Who’d be left?
First off, homosexuality does not equal sodomy. And in only four states (Texas being one) is homosexual sodomy illegal while heterosexual sodomy is not.
Second, a law against “homosexuality” would be unconstitutional. There are cases on the books where SCOTUS has declared laws against “being an alcoholic” and “being a drug addict” as violating the constitution – in essence, you cannot criminalize what someone is, but only what he does.
Third, what look!ninjas said is on target. To charge someone with a crime, you must have adequate evidence that they actually committed what is forbidden by the criminal law at a specific time and place, not just that they’re “probably doing it.” And you must get a judge to issue a warrant on the basis of probable cause to suspect them of being in the process of committing the crime, or planning to commit the crime, in order to enter a premises to arrest them. (There are exceptions to this, but unless one of the participants is Superman, there is no threat to the public safety from one of them having an orgasm, so the most common exception will not apply.)
Aside: AZCowboy? You don’t have a sodomy law – the very law that SCOTUS upheld as constitutional under the U.S. Constitution in Hardwick was declared unconstitutional under the Georgia State Constitution’s guarantee of the right to privacy in 1999. (I’ll dig up a cite if you like, if someone else doesn’t post it first.)
Finally, you might look up the majority opinion in Romer v. Evans to find out exactly what SCOTUS (the present justices!) think about a state attempting to penalize and ostracize homosexuals for the fact of being homosexual. It’s some of the finest legal writing ever, transcending the typical dull and boring analysis of precedent.
Polycarp, well I’ll be. I have lived in Georgia for over 15 years, except for a two year period covering 98 and 99. The Georgia Supreme Court overturned the state sodomy law in December 98. I just plain missed it.
Awwww, now I’ll feel like a true law-abiding citizen next time I get a blow job.
Sodomites are not arrested for the same reason red light runners, speeders, drug users/dealers, and those people that screw their own kids are not arrested.
I can admitt to these crimes all day (and night) but I must first be caught in the act.
DaddyMack, I sure as hell hope you’re not comparing homosexuals to child molestors!
:eek:
There are lots and lots of laws that no one bothers to enforce. The problem is that having even one law that isn’t considered to be worth enforcing destroys a great deal of the power of law – if law enforcers can really choose what laws they uphold, no law is ever truly binding.
Do note the lack of the use of the word “homosexuals” in DM’s post, Guin.
Nor is he comparing sodomites to child molestors, except for the point that they are (in some jurisdictions) both criminals.
Sodomites? What is this, 2500 BC? =P Watch out for them pillars of salt.
It’s got to be very difficult to catch two consenting adults doing something mildly illegal in the privacy of their own home. This recent case in Texas should illustrate that - what appears to have happened is their neighbor, for reasons of bigotry I’m sure, called the cops at a time he knew/figured they were getting busy and told the police his neighbors were doing something more serious (drugs, I think). The police came, caught them in the act, and arrested them. This is one of those laws that says more about the people who made it and want it enforced than about those who break it. Hopefully it’ll be gone shortly anyway.
No, he isn’t. He isn’t comparing speeders to child molestors either.
Georgia’s a bit of an odd case. We don’t have a law against sodomy, anymore, but we do still have a law against solicitation of sodomy (specifically). Various prosecutors have argued that this is necessary to control prostitution, since prostitution is solicitation of sex for pay, and sex, as codified in Georgia law, excludes the formerly defined sodomy. However, at the time the sodomy law was overturned, some county DAs actually did make the threat of enforcing the solicitation law generally, mostly as a vote-getting tactic.
Far worse, Georgia still has a law against fornication, and it has one of the nastiest anti-gay-marriage laws in the country. Even if one has a Vermont civil union, therefore, or an actual marriage from one of the places that grants them fairly, Georgia still officially says that you can’t have same-sex relations without it being a felony.
I appologize-it’s just that the word “sodomite” sets off warning bells, I guess.
If I’m wrong, I’m sorry.
Yay, sodomites! 
Esprix
Heey what happened to the Gammorahites??!
anyway, I would like to take a light hearted crack at Polycarp’s view of “Homosexuality does not equal Sodomy”.
ahem
SAY WHAT??!!
Homosexuals are exclusive practicers of sodomy. If the practice regular sex they would be …straight. If they dont practice sex, they are not homosexual. They would just be really good friends. strange touchy feely overly friendly platonic friends…who take naked showers together… ugh that was moschistic of me
anyway, homosexual = sodomy but sodomy not= homosexual as I would love a good BJ anytime from my wife. Getting one from a guy would pretty much classify me as gay.
WRONG, but thanks for playing!
Esprix
I think in the most recent SCOTUS case the neighbor claimed there was a robber in the apartment. This fact is important because if there had only been suspected drug use, the police would have been violating the consititution to break in and “catch them in the act.” While many posts to this string have mentioned the fact that it is difficult to catch peple in the act, it is, in fact, the constitution offers the greatest protection from being caught. Unless an exception exists (e.g., there is a reasonable fear that someone is in imminent danger), the police must first obtain a warrant before entering a home in which they believe a crime is being committed. Even if they have a warrant, another exception must exist (e.g., risk of flight/destruction of evidence) or else they must first knock on the door before entering the home. If two guys are “going at it” and the cops knock on the door, they’re likely to stop whatever they’re doing and answer the door. It is possible that the cops (who already have taken the trouble to obtain a warrant) would argue that if they knocked on the door in such a situation, evidence of the sodomy would disappear, but that argument isn’t likely to hold water before any reasonable court because, even though the law is on the books, most jurisdictions are loathe to enforce laws like these. In addition, it takes a good hour or two to get a warrant, and even under the best of circumstances any sort of “activity” is likely to have been long since finished by the time the cops get back.
I think in the most recent SCOTUS case the neighbor claimed there was a robber in the apartment. This fact is important because if there had only been suspected drug use, the police would have been violating the consititution to break in and “catch them in the act.” While many posts to this string have mentioned the fact that it is difficult to catch peple in the act, it is, in fact, the constitution offers the greatest protection from being caught. Unless an exception exists (e.g., there is a reasonable fear that someone is in imminent danger), the police must first obtain a warrant before entering a home in which they believe a crime is being committed. Even if they have a warrant, another exception must exist (e.g., risk of flight/destruction of evidence) or else they must first knock on the door before entering the home. If two guys are “going at it” and the cops knock on the door, they’re likely to stop whatever they’re doing and answer the door. It is possible that the cops (who already have taken the trouble to obtain a warrant) would argue that if they knocked on the door in such a situation, evidence of the sodomy would disappear, but that argument isn’t likely to hold water before any reasonable court because, even though the law is on the books, most jurisdictions are loathe to enforce laws like these. In addition, it takes a good hour or two to get a warrant, and even under the best of circumstances any sort of “activity” is likely to have been long since finished by the time the cops get back.
X Slayer, I don’t know what universe you’ve been living in – it may be the one I inhabited before starting to get to know gay people as individuals – but there are a good dozen things wrong with your post responding to me.
To start with, every man who has ever wanted a blowjob, every woman who’s ever wanted to “receive the passionate kiss of the orchid” (to quote a line used by one member of a Lesbian couple I have immense respect for), every person who’s ever wanted to perform either act on someone else, every guy who’s ever wanted to “try the other hole” – they’re all contemplating sodomy. If by your post you meant that all that gay men do is commit sodomy (expanded definition, including oral sex), you’re still wrong – perhaps one of the gay men will describe what a session of “safe sex” (such as between HIV+ and HIV- partners who intend to keep the latter that way) entails.
Second, what makes a person gay or homosexual is not the commission of the act but the inner desire to meet, fall in love with, and have sex with another X (X being a person of the same gender as the described person). Or the simple act of seeing a person that stirs their libido in the same way as the young lady of ample bosom who was checking out at the supermarket just ahead of me today, uh, “intrigued” me. And I was not just interested in the biological engineering of her cantilevering. 
Strangely enough, just last night I tried to fix a leak in our sink. (I sincerely hope somebody picks up on the allusion. :)) But though it’s a hijack, I’m wondering about people’s opinions on this question – would that in fact “make X Slayer gay”? Or leave him a man attracted to woman who likes blowjobs, and happened to avail himself from one from an unusual source? What if it were a cross-dresser in drag that he didn’t realize was a man? What if it were Gwen/Eddie Araujo? What if it were a MtF transsexual – and would having had the operation make any difference? (It wasn’t on her mouth!)
And no matter what the sex of the blowjob-donor, you’re guilty of sodomy under the laws of nine states and the most common definition of sodomy as a sin – no more and no less so than the most flaming gay man you can name.
well excuse me Polycarp. If a gay man wanted to have sex with another gay man (out of pure love of course) what act would he be contemplating?
is it straight cock-into-vagina kinda sex? I dont think so. Any sex act they perform regardless of their motivations, inclinations or philosophy is called sodomy.
Now, lets say they were celibate. (no kind of sexual interactions at all not even kissing) would they still be homosexual? If a man had several billions of dollars but wont spend it, is he rich? Philosophically and technically yes. In fact they arent. it wasnt consumated. Certain marriages are annulled for lack of consumation. They may profess their undying love but without physical contact, without that intimacy, theyre just really good friends.
Now, lets get to the OP question. Should homosexuality be against the law? Hell No! and neither should sodomy. Why? because if sodomy is a perfectly legal act among straight people, then it shouldnt be an illegal act for homosexuals.