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Louisiana's 194-Year Old
Sodomy Law Is History


Compiled by GayToday

Louisiana 740-89 Crime against nature. Crime against nature is the unnatural carnal copulation by a human being with another of the same or opposite sex or with an animal. Emission is not necessary, and, when committed by a human being with another, the use of the genital organ of one of the offenders of whatever sex is sufficient to constitute the crime.

Whoever commits the crime against nature shall be fined not more than two thousand dollars, or imprisoned, with or without hard labor, for not more than five years or both.

sodovictory.gif - 4.50 K New Orleans—February 9 A 194-year old Louisiana law (1805) prohibiting consensual oral and anal sex has been struck down by an appeals court here. The case of Marshall E. Smith who was initially accused of raping a woman, but who, in fact, had prevailed upon her to perform oral sex, occasioned a 3-0 ruling.

The judges agreed: ""There can be no doubt that the right of consenting adults to engage in private non-commercial sexual activity, free from governmental interference, is protected by the privacy clause of the Louisiana Constitution,''

Smith's conviction was thereby reversed as well as his sentence to two years' probation. Although the law applied to persons of any sexual orientation, it has traditionally been gay males and lesbians who've borne the brunt of the state's propensity for legal persecution.

The Lambda Legal Defense and Education Fund's Suzanne Goldberg hailed the decision as "a great legal ruling" and said "It is completely consistent with rulings by other courts nationwide striking down these laws as outrageous invasions of privacy.''

Related Stories from the GayToday Archive:
Georgia Supreme Court Strikes Down Sodomy Law

Texas: 2 Males Jailed for Private Bedroom Sex

South Africa Legalizes Gay-Male Sex

Related Sites:
Lambda Legal
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Oral and anal sex both remain illegal in 11 states, according to the Lambda Legal Defense and Education Fund's reckoning.


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