Anti Sodomy Law

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Governing through crime is what the United States has been dealing with for many years. Defined in Governing through Crime, that governing through crime is responding to threats to people or property using the criminal law or the criminal justice system (Simon 5). There are many laws in which the United States has governed through crime; the one that sticks out is an anti-sodomy law. Anti-sodomy laws define certain sexual acts as crimes. Those sexual acts were deemed ‘unnatural’ or ‘immoral.’ The ‘unnatural’ acts included anal and oral sex and bestiality; these laws were enforced upon homosexual couples. Anti-sodomy laws are a relevant topic today because of some states wanting to expand access to marriage. The government wanted to control how the lesbian, gay, bisexual, and queer (LGBTQ) community was allowed to practice their sexual acts (Phelps 686). Anti-sodomy laws were against the LGBTQ community and the community is still being discriminated against by them denying access to marriage. Anti-sodomy laws started before 1779 where it was against the law in every state and the punishment for Virginia was death as the maximum penalty. The progression of the laws has continued to adapt to time. As the laws progressed the punishment for the crimes did as well, some punishments (depending on state) were imprisonment, fines, or hard labor. In some foreign countries being gay the punishment was death. A way to help the punishment the Model Penal Code that was created by the American Law Institute to make sure that states were on the same page and to help remove consensual acts of sodomy out of the criminal system (Canaday). The first state to accept the idea of removing consensual acts was Illinois and it would take many years fo... ... middle of paper ... ...l conduct.” This relates to Banished because the privacy of people’s homes was not safe and that is how many people in Washington felt when the homeless were “invading” their parks. They did not feel safe in the parks and members of the LGBTQ community did not feel safe in their own homes. Anti-sodomy laws are disappearing in most of the United States which shows that the government does not always have to govern through crime to the same people. Being homosexual in 2014 means something different than it did in the 1960’s, the same goes for being a felon. As the laws for being a homosexual have lessen in most states; the laws for becoming a felon have harder as has the governance through crime. Punishments for breaking anti-sodomy laws in most states were thrown out in Lawrence v. Texas. It is not fair to everyone but because the world adapts things have to change.

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