AL Court Overturns Law SCOTUS Already Struck Down

An Alabama state appeals court has struck down that state’s ban on consensual gay sex, a law that was already overturned by the U.S. Supreme Court in 2003 in Lawrence v Texas. Ala. Code 1975 says that any “deviate sexual intercourse” is illegal and that consent does not matter:

“A person commits the crime of sexual misconduct if … [h]e or she engages in deviate sexual intercourse with another person under circumstances other than those covered by Sections 13A-6-63 and 13A-6-64[, Ala. Code 1975]. Consent is no defense to a prosecution under this subdivision.”

Section 13A-6-60(2), Ala. Code 1975, defines “deviate sexual intercourse” as “[a]ny act of sexual gratification between persons not married to each other involving the sex organs of one person and the mouth or anus of another.”

This is virtually identical language to the Texas law struck down in Lawrence, but somehow the defendant in this case was still arrested and a state judge instructed the jury to ignore the entire issue of consent. This ruling notes that no Alabama court had ruled on the issue since that 2003 ruling, but there should have been no need for it. It’s pretty much an open and shut case. You can read the full ruling here.

"You're all ignoring a big question: how did they get the frogs to drink from ..."

Warning: Alex Jones is Going to ..."
"Ah. So, go to war with everyone who looks at you funny, screw the environment ..."

Crokin: Trump Was Sending a Message ..."
"That sounded like Tex Avery would do for a cartoon short"

Swanson: God Will Punish Australia for ..."
"Please explain to me how an endorsement of critical examination of all propositions (or accusations, ..."

How to Think Critically About the ..."

Browse Our Archives

Follow Us!

What Are Your Thoughts?leave a comment
  • Alverant

    Wow, at this rate Alabama will be joining the 21st century by 2150.

  • D. C. Sessions

    Hold it, Ed. This is Alabama and the case has yet to be heard by the Alabama Supreme Court. Once it gets in front of Judge Roy Bean Moore, the appellate ruling is quite likely to be reversed.

    Although I’m surprised that that many Alabama appellate judges are ready to retire after they lose re-election following this ruling.

  • sabrekgb


    Is there some sort of way the system can be sued for operating in bad faith? Seems like the cops who arrested the person, the prosecutor who prefered charges, and the judge that instructed the jury thusly should have known better.

  • Curt Cameron

    “Deviate”? I’ve never seen that word used as an adjective before.

  • John Pieret

    sabrekgb @ #:3:

    Seems like the cops who arrested the person, the prosecutor who prefered charges, and the judge that instructed the jury thusly should have known better.

    The case was a little more complex that it might seem at first blush. The defendant was first arrested on sodomy in the first degree, essentially forcible homosexual rape, based on the complaint of the person the defendant had sex with. Consent is a defense to that charge. Probably after the complaining witness didn’t hold up very well on the stand, the DA asked the judge to charge sexual misconduct, which is sodomy even with consent. The defendant objected on the basis of Lawrence but the judge charged it anyway and that’s where the system went wrong.

  • Modusoperandi

    I got five years for a deviated septum. I didn’t even know that nasal was illegal in Alabama!

  • ppb


    Was it between consenting nostrils?

  • Gregory in Seattle

    Keep in mind that the Alabama constitution was amended to allow women to vote in 1996 (Amendment 576), 76 years after the 19th Amendment made that provision unenforceable. In 2000, it was amendment (Amendment 667) to permit interracial marriage, 33 years after Loving v. Virginia. The state constitution still mandates racially segregated schools (Section 256), and efforts to repeal that provision failed at the ballot box in 2004 and 2012. It also permanently bans people from ever voting, registering to vote, or holding office if they have been found guilty of a laundry list of offenses, including miscegenation, “crime against nature,” being a vagrant, or having a mental disorder.

    All in all, only 9 years is what passes for progress in Alabama.

  • Modusoperandi

    ppb, I’ve got one big nostril. On the plus side, it takes me 50% less time to blow my nose. On the other, I tried a farmer’s blow and both my eyes popped out.

  • Francisco Bacopa

    Did anyone notice that rimming is totally cool according to this law?

  • eamick

    @10: That’s one small portion of what is undoubtedly a much bigger law. I’ll bet you’ll find that prohibited somewhere else.

  • eoraptor

    Well, we all know what the unofficial Mississippi state motto is…

  • Synfandel

    I find it hard to believe that there are that many Alabama judges who have never had or given a blowjob.

  • marcus

    Alverant @ 1 Wow, at this rate Alabama will be joining the 21st century by 212250.