An Alabama appeals court yesterday struck down the state’s ban on consensual oral and anal sex. Such acts have been legal nationwide since Lawrence V Texas, but still.
The Alabama Court of Criminal Appeals issued its unanimous ruling in Williams vs. Alabama, the appeal of a Dallas County man who was convicted of sexual misconduct, though the jury found the homosexual sexual encounter was consensual. The Alabama Court of Criminal Appeals said today a portion of Alabama’s sexual misconduct statute is unconstitutional. It was referring to code section 13A-6-65, which reads in part, “consent is no defense to a prosecution.” The state appeals court noted the legislative commentary for the statute says the consent section “was changed by the legislature to make all homosexual conduct criminal, and consent is no defense.”
Sodomy laws remain on the books in many states.