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Sodomy laws in the United States


Sodomy laws in the United States, which outlawed a variety of sexual acts, were inherited from British criminal laws with roots in the Christian religion of Late antiquity. While they often targeted sexual acts between persons of the same sex, many statutes employed definitions broad enough to outlaw certain sexual acts between persons of different sexes as well, sometimes even acts between married persons.

Through the 20th century, the gradual liberalization of American sexuality led to the elimination of sodomy laws in most states. During this time, the Supreme Court upheld the constitutionality of sodomy laws in Bowers v. Hardwick in 1986. However, in 2003 the Supreme Court reversed the decision with Lawrence v. Texas, invalidating sodomy laws in the remaining 14 states (Alabama, Florida, Idaho, Kansas, Louisiana, Michigan, Mississippi, Missouri (statewide), North Carolina, Oklahoma, South Carolina, Texas, Utah, and Virginia).

In 1779, Thomas Jefferson wrote a law in Virginia which contained a punishment of castration for men who engage in sodomy. Jefferson intended this to be a liberalization of the sodomy laws in Virginia at that time, which prescribed death as the maximum penalty for the crime of sodomy. It was rejected by the Virginia legislature.


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