The full United States Court of Appeals for the Fourth Circuit has handed Virginia Attorney General Ken Cuccinelli a bit of a black eye. The anti-gay crusader was informed by the Fourth that his attempt to reinstate Virginia’s “Crimes Against Nature” law was not going to happen. Cuccinelli petitioned the Fourth Circuit after he was told by the three-judge panel and the district court that his use of the law to prosecute a man who had a blow job from an underage girl was unacceptable.
Cuccinelli used the defunct law to prosecute a 47-year-old man who solicited oral sex from a 17-year-old girl. A blanket ban on anything considered to be sodomy is considered unconstitutional under Lawrence v. Texas. The full Fourth Circuit refused to hear the petition, and not a single judge even wanted to poll the other judges about hearing it. Pretty much, this means that Cuccinelli’s petition got no support at all, and it is unlikely that it will be considered by the US Supreme Court.
Cuccinelli is strongly anti-gay. In 2004, he voted against a bill that would have made soliciting sodomy from someone who is underage a felony because he wanted to keep the blanket ban on gay sex. This means that the only thing that Cuccinelli could have prosecuted this under would have been the statutory rape law, which apparently is a misdemeanor.
Virginia is one of the numerous states which still have sodomy laws on the books, but they cannot be enforced. Because of that, many states have had to change their laws so that they can prosecute underage sexual encounters such as the one that Cuccinelli lost, and bestiality cases.
Cuccinelli has been accused of using this case as an attempt bring resurrect the state’s anti-sodomy law, but it seem as if it not going to be happening. Cuccinelli is running for governor of Virginia.