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VA AG Cuccinelli Appeals Case Prosecuted Under Defunct Sodomy Law

Virginia Attorney Gen. Ken Cuccinelli

Virginia Attorney Gen. Ken Cuccinelli

Virginia Attorney General Ken Cuccinelli is running to be the next Governor of Virginia. Cuccinelli, however, is having a problem with a particular case in which he prosecuted a man who solicited a blow job from an underage girl under the state’s defunct sodomy statute. That law was ruled unconstitutional back in 2003.

Cuccinelli has asked for a full review of the decision by the 4th Circuit US Court of Appeals striking down the conviction and Virginia’s “Crimes Against Nature” statute which bans sodomy between consenting adults. The three-judge panel ruled that a portion of that law was unconstitutional based upon the court ruling in Lawrence v. Texas.

Cuccinelli has argued that the Lawrence v. Texas does not apply to cases involving minors; however, the majority opinion by the 4th Circuit panel found that the existing law was unconstitutional, but did rule that a new law outlawing sodomy between an adult and a minor could be constitutional.

The mess for Cuccinelli was jumped on by his potential contender Democrat Terry McAuliffe’s campaign which issued a statement saying “This is just another example of Ken Cuccinelli ignoring the economy and instead focusing on his divisive ideological agenda.”

Normally, such a case as this would have been prosecuted under statutory rape. In fact, some part of the problem for Cuccinelli is that he helped to create the uncertainty in the law back in 2004 when he voted to ignore the implications of Lawrence v. Texas. A bipartisan group in the Virginia Senate attempted to fix the law to comply with Lawrence, but Cuccinelli not only opposed the bill, as part of his homophobic attitudes, but helped to kill it.

In 2009, he explained his rationale regarding why the law remained unchanged saying that “My view is that homosexual acts, not homosexuality, but homosexual acts are wrong. They’re intrinsically wrong. And I think in a natural law based country it’s appropriate to have policies that reflect that. … They don’t comport with natural law.”

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