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Cuccinelli Asks Court To Review Anti-Sodomy Ruling

Virginia Attorney General Ken Cuccinelli, the Republican nominee for governor this November, has filed a petition with the 4th Circuit U.S. Court of Appeals asking for a full review of a decision by a three-judge panel that threw out the state's sodomy law, the Washington Blade reported Wednesday.

The three-judge panel ruled 2-1 on March 12 that a section of Virginia’s “Crimes Against Nature” statute that outlaws sodomy between consenting adults, gay or straight, is unconstitutional based on a U.S. Supreme Court decision in 2003 known as Lawrence v. Texas.

A clerk with the 4th Circuit appeals court said a representative of the Virginia Attorney General’s office filed the petition on Cuccinelli’s behalf on March 26. The petition requests what is known as an en banc hearing before the full 15 judges to reconsider the earlier ruling by the three-judge panel.

The case involves a man who solicited oral sex from a minor and Cuccinelli's office claims that the Supreme Court decision does not apply to cases involving minors. The majority opinion by the 4th Circuit panel stated that a new law outlawing sodomy between an adult and a minor would likely be constitutional.

Democrat Terry McAuliffe's campaign jumped on the news. "This is just another example of Ken Cuccinelli ignoring the economy and instead focusing on his divisive ideological agenda," McAuliffe spokesman Josh Schwerin said in a statement to TPM.

Cuccinelli's office did not immediately respond to a request for comment.

by Anonymousreply 604/03/2013

This asshole just DREAMS of sodomy every night. You betcha.

by Anonymousreply 104/03/2013

[quote]The majority opinion by the 4th Circuit panel stated that a new law outlawing sodomy between an adult and a minor would likely be constitutional.

The age of consent in Virginia is 18 - so wouldn't all sex between an adult and a minor be illegal already?

by Anonymousreply 204/03/2013

Shouldn't this already be covered under the state's statutory rape laws? The acts themselves shouldn't be illegal.

by Anonymousreply 304/03/2013

He and Santorum spend a whole lot of time worrying about sodomy and sex acts outside of procreative sex. Sort of makes me wonder...

by Anonymousreply 404/03/2013

I have to throw this one in the face of the poster who kept trying to convince us that Virginia was becoming so liberal these days. I specifically brought up their current Neanderthal governor and AG, but he pooh-poohed it.

by Anonymousreply 504/03/2013

Beyond Cuccinelli's obvious homophobia, it sounds to me like the criminal defendant in the case was found guilty under the sodomy statute rather than some other statute, probably as a result of a prosecutor's misstep. If so, Cuccinelli's office is trying to save the conviction.

Beyond that mere possible legal justification for appealing the decision, Cuccinelli is clearly some species older than Neanderthal.

by Anonymousreply 604/03/2013
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