Judge Hears Case Against Arkansas Sodomy Law
PlanetOut,
February 1, 2001
A judge in Pulaski County, Ark., circuit court on Monday heard arguments
against the state’s sodomy law, The [Memphis] Commercial Appeal reports.
Defending the 1973 law, which makes sex between two adults of the same sex
punishable by up to one year in prison, Arkansas assistant attorney general
Timothy Gauger said the state has the right to "express the moral
indignation of its citizens." Gauger added, "You could say the whole
of criminal law is based on morality." Susan Sommer, an attorney for
Lambda Legal Defense and Education Fund who is representing the seven
plaintiffs in the case, told Judge David B. Bogard that "the government
makes no other attempt [to justify the law] other than to say public morality
condemns the action." Although police have not made a practice of
enforcing the law, Sommer told the judge that it is used to criminalize people
in such matters as adoption and custody hearings. Bogard, who said he hopes to
have a decision in a few weeks, asked both sides questions about the points
made. "You say, ‘Well, we think it’s immoral, so we’re not going to
let you do it,’" he said to Gauger. "The problem is that with most
other laws based on morality, you can find some discernible harm. I really
have trouble finding some reasonable harm here."
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