August 30, 2004
Judge Strikes Down Portions of Louisiana Sodomy Law
GRETNA, La. -- A judge has ruled that portions of Louisiana law criminalizing consensual oral and anal sex between adults are unconstitutional and has permanently barred prosecutors in Jefferson Parish from enforcing it.The Louisiana Electorate for Gays and Lesbians sued the Jefferson Parish district attorney's office in 1996. That after the office was dismissed from an Orleans Parish case that resulted in a statewide ban on enforcing the "crimes against nature" law.
That 1996 suit prompted a preliminary injunction from State District Judge Robert Murphy in 1998, temporarily prohibiting Jefferson prosecutors from pursuing any cases. Prosecutors say his ruling this week makes that permanent.
Attorney John Rawls represents the Louisiana Electorate. He says he considers Murphy's ruling a loss because the judge only partially granted what the group was seeking.
Rawls wanted two laws stricken, but the judge only struck a portion of one. He says an appeal is planned.
Murphy left intact portions of the state law that ban human sex with animals, solicitation for oral and anal sex and aggravated crimes against nature. Such acts are typically aggravated when they are nonconsensual or when the victim is underage.
Murphy also declined to strike down a statute that charges the state attorney general's office with prosecuting organizations or corporations formed for the purpose of organized homosexuality, prostitution, narcotics and other activities spelled out in the law.
Rawls wanted references to homosexuality struck from the laws.