4 ms·

So is sodomy, a yet its legal for gay people to get married... law is confusing.

by cmdrfred 11y ago

reinhardt 11y ago
What's confusing? Clearly lawful married gay people engage in oral sex only</s>
- dragonwriter 11y ago
  Oral sex is often prohibited [0] by sodomy laws. [0] To the extent anything is prohibited by an unconstitutional "law" that cannot be enforced.
dragonwriter 11y ago
> So is sodomy Well, on the face of the statutes, yes, but unlike statutes criminalizing adultery, those criminalizing consensual sodomy have been pretty clearly struck down as unconstitutional, so the fact that they remain "on the books" does not actually mean that they are criminal, since the law purporting to make them so is itself invalid. (There's some debate about the Constitutional status of adultery statutes, but AFAIK no federal court has yet stuck them down for violating the federal Constitution.)
- cmdrfred 11y ago
  No federal court but pretty much every state court has. The United States is one of few industrialized countries to have laws criminalizing adultery. In the United States, laws vary from state to state. Up until the mid 20th century most US states (especially Southern and Northeastern states) had laws against fornication, adultery or cohabitation. These laws have gradually been abolished or struck down by courts as unconstitutional. *https://en.wikipedia.org/wiki/Adultery https://en.wikipedia.org/wiki/Adultery
  - dragonwriter 11y ago
    > No federal court but pretty much every state court has. No, that's not true. > The United States is one of few industrialized countries to have laws criminalizing adultery. In the United States, laws vary from state to state. Up until the mid 20th century most US states (especially Southern and Northeastern states) had laws against fornication, adultery or cohabitation. These laws have gradually been abolished or struck down by courts as unconstitutional. True (and, unlike the first sentence, a direct quote from Wikipedia) but also potentially misleading as to the trend with regard to adultery specifically by lumping together those three different things into a collective group.

So is sodomy, a yet its legal for gay people to get married... law is confusing.

reinhardt 11y ago

What's confusing? Clearly lawful married gay people engage in oral sex only</s>

dragonwriter 11y ago
Oral sex is often prohibited [0] by sodomy laws. [0] To the extent anything is prohibited by an unconstitutional "law" that cannot be enforced.

dragonwriter 11y ago

> So is sodomy Well, on the face of the statutes, yes, but unlike statutes criminalizing adultery, those criminalizing consensual sodomy have been pretty clearly struck down as unconstitutional, so the fact that they remain "on the books" does not actually mean that they are criminal, since the law purporting to make them so is itself invalid. (There's some debate about the Constitutional status of adultery statutes, but AFAIK no federal court has yet stuck them down for violating the federal Constitution.)

cmdrfred 11y ago
No federal court but pretty much every state court has. The United States is one of few industrialized countries to have laws criminalizing adultery. In the United States, laws vary from state to state. Up until the mid 20th century most US states (especially Southern and Northeastern states) had laws against fornication, adultery or cohabitation. These laws have gradually been abolished or struck down by courts as unconstitutional. *https://en.wikipedia.org/wiki/Adultery https://en.wikipedia.org/wiki/Adultery
- dragonwriter 11y ago
  > No federal court but pretty much every state court has. No, that's not true. > The United States is one of few industrialized countries to have laws criminalizing adultery. In the United States, laws vary from state to state. Up until the mid 20th century most US states (especially Southern and Northeastern states) had laws against fornication, adultery or cohabitation. These laws have gradually been abolished or struck down by courts as unconstitutional. True (and, unlike the first sentence, a direct quote from Wikipedia) but also potentially misleading as to the trend with regard to adultery specifically by lumping together those three different things into a collective group.