Court: Alabama Can't Criminalize Gay Sex
Law said consent was 'no defense to prosecution'
By Matt Cantor, Newser User
Posted Jun 17, 2014 8:17 AM CDT
An Alabama court has rejected a law banning consensual gay sex.   (Shutterstock)

(Newser) – An Alabama appeals court has ruled the state's ban on consensual gay sex is unconstitutional. The measure banned oral and anal sex, adding that "consent is no defense to a prosecution under this subdivision"; in a unanimous ruling, judges said the law was aimed at banning gay sex, KSDK reports. The American Civil Liberties Union applauded the decision. "Aiming to ban consensual sex is flat out wrong," says its executive director. "A person's sexual orientation shouldn't matter."

The case at hand involved an Alabama man convicted of sexual misconduct in 2010. Dewayne Williams said he'd had consensual anal sex. Though the prosecutor said he understood the new ruling, he said the alleged victim in the case "got attacked by another man and he had sex he didn't want to have." The constitutionality of the law hadn't been taken on since 2003, when the US Supreme Court rejected a comparable law in Texas, judges said, per the AP.

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Showing 3 of 34 comments
Kafir istani
Jun 18, 2014 10:08 AM CDT
he should have been charged with rape , not sodomy .
BermudaTriangle
Jun 18, 2014 3:29 AM CDT
Oh jeez -- now married women will still have to give head... after thinking "I'm married and don't have to do that anymore". Bwah ha ha.
Taylor
Jun 17, 2014 9:01 PM CDT
so...how were they planning on...umm enforcing this law if it went through?