Virginia Attorney General Cuccinelli Fights To Keep Oral Sex Illegal In Virginia
The attorney general and gubernatorial candidate things that’s the only way to go after pedophiles.
…he wants the Fourth Circuit Court of Appeals to agree with him and uphold the constitutionality of Virginia’s sodomy law — which makes anal and oral sex between people of any sex a crime — in the process.
Cuccinelli last week asked the full appellate court to reverse a three-judge panel’s decision and uphold the application of the law in a criminal prosecution against William Scott MacDonald, a very unsympathetic defendant.
MacDonald, 47 at the time, was convicted of violating the state’s criminal solicitation statute, which applies whenever a person over 18 “commands … or otherwise attempts to persuade” a person under 18 to commit a felony.
Two of there judges on an appeals court panel disagree with Cuccinelli.
The court concluded that Virginia’s sodomy law after the Lawrence decision is such a law, writing, “We are confident, however, that we adhere to the Supreme Court’s holding in Lawrence by concluding that the anti-sodomy provision, prohibiting sodomy between two persons without any qualification, is facially unconstitutional.”