The AFU and Urban Legend Archive
Sex
 sodomy georgia




Newsgroups: alt.folklore.urban
From: thf2@kimbark.uchicago.edu (Ted Frank)
Subject: Re: Husband Touching Wife = SODOMY in GA (really happended!!!)
Date: Fri, 11 Feb 1994 03:36:01 GMT

In article <CL167y.Gnx@rahul.net> jayjames@rahul.net (Jay James) writes: >My lawyer friend told me this one... and I have the legal citations to
>back it up if anyone cares to challege me (don't have them before me, but
>I'll be back to check on this thread...)

I doubt you have the citations to anything but Bowers v. Hardwick. Not that you have that right.

Rather than repeat what is not an UL, but just plain rumor-mongering that really doesn't belong on a.f.u., let me summarize.

Your lawyer friend (or your interpretation of his statements) has almost a 100% inaccuracy rating.

Bowers is the Attorney General of Georgia, then and now.

The Hardwick case arose because cops searching for marijuana busted into the bedroom of a gay couple involved in oral sex. Not finding any marijuana, they decided to prosecute for sodomy, instead. The case wasn't tried; charges were dropped. Hardwick, along with a married couple, sued Bowers to have the sodomy statute declared unconstitutional. Bowers stated that the state of Georgia had no intention of prosecuting married couples, and the married couple was dropped from the suit for lack of standing. The Supreme Court, 5-4, upheld the sodomy statute only insofar as it covered homosexual sodomy; to my knowledge there haven't been any prosecutions of consensual non-commercial homosex under it, much less a married couple. When one of Bowers's own employees held a lesbian wedding, Bowers's only action was to fire her, rather than drag her before a criminal court.

There is no sodomy law on the books that penalizes the use of the hands or the breasts.

I am not a lawyer, this is not legal advice, and don't go blaming me if I turn out to be wrong and you get arrested.

Followups out of a.f.u before Pyotr Plantec and all his good friends in North Dakota get involved.


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