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It’s Now (Finally) Okay to Have Gay Sex In Alabama

It has now been over ten years since the United States Supreme court in Lawrence v. Texas declared unconstitutional the anti-sodomy laws which criminalize consensual homosexual activity. Two states – Virginia and Montana – have recently repealed their anti-sodomy laws, but that still leaves twelve states with these unconstitutional laws on the book. Many of these states, such as Alabama, continue to try to enforce these now-outdated and bigoted laws.

Even though these laws are now harder to enforce than before 2003, the legislators in these states have fought to maintain these archaic laws, as they can still be used to discriminate against gay people. Alabama law for instance broadly defines sodomy as “deviate sexual intercourse,” which includes sexual act between persons not married to each other. It’s illegal in that state for gay people to marry, and hence this law makes it illegal for gay people in that state to engage in any sexual act.

This law is what allowed the state of Alabama to arrest Dewayne Williams and charge and convict him of first-degree sodomy in 2010. Williams appealed the conviction, and finally, four years later, the judges of Alabama Supreme Court unanimously struck down the state’s anti-sodomy laws as unconstitutional. Moreover, the judges stayed committed to this decision when the prosecutors of the case requested for the case to be retried.

Thus, despite the state’s refusal to modernize its discriminatory laws, gay citizens of Alabama can finally practice happiness in their beds without the fear of arrest. Hopefully, the other 11 states in the nation can come to understand the correctness of this decision as well.

(Photo Credit: USA Today)

About the author

David Kwon is a freelance writer to Issue Hawk. He's currently a graduate student majoring in social work at New York University, mainly being trained to serve the poor and the homeless.