There have been a number of cases decided by the
United States Supreme Court or by the courts of the various
states regarding
pornography,
sexual activity and what
consenting adults are allowed to do in the privacy of their homes (or sometimes, in other places). Note that under most laws, the term "
sodomy" not only includes
anal sex but
oral sex and possibly certain actions with
sex toys
Here are a few cases which I believe are of important note:
- Skinner v. State of Oklahoma Ex Rel. Williamson 316 U.S. 535 (1942)*, a law punishing certain classes of criminals with sterilization is unconstitutional
- Griswold v. Connecticut 381 U.S. 479, 85 S.Ct. 1678, 14 L.Ed.2d 510 (1965)*, The United States Supreme Court rules that laws prohibititing the distribution of condoms to unmarried persons unconstutional
- Stanley v. Georgia 394 U.S. 557 (1969)*, mere posession of obscene material in one's home cannot be made a crime
- Eisenstadt v. Baird 405 U.S. 438 (1972)*, Massachusetts law making giving unmarried persons contraceptives a felony is unconstitutional
- Roe v. Wade 410 U.S. 113 (1973)*, a woman may have an abortion during the first 3 months of pregnancy and laws prohibiting this are unconstitutional
- Miller v. California, 413 U.S. 15 (1973)*, for a publication to be considered obscene, taken as a whole, it must appear to "the average person, applying contemporary community standards", to appeal to the prurient interest, depict sexual conduct in a patently offensive way, and lack serious literary, artistic, political, or scientific value
- State of Iowa v. Robert Eugene Pilcher, 242 N.W.2d 348 (Iowa 1976)*, law against consentual sodomy with someone not one's spouse unconstitutional
- State of New Jersey v. Saunders, 381 A.2d 333, 342-43 (N.J. 1977) Statute making fornication (sex between unmarried persons) a crime is unconstitutional
- People v. Onofre 415 N.E.2d 936 (N.Y. 1980)*, New York law against consentual sodomy unconstitutional
- Commonwealth v. Bonadio,
490 Pa. 91, 415 A.2d 47 (Pa. 1980)*, Pennsylvania law against consentual sodomy unconstitutional; state repeals law 15 years later
- Bowers v. Hardwick 478 U.S. 186 (1986)*, The United States Supreme Court rules homosexual sodomy in the privacy of one's home may be made illegal; (see update for Lawrence v. Texas below)
- Commonwealth v. Wasson 842 S.W.2d 487 (1992)*, Kentucky law against consentual sodomy unconstitutional
- State of Idaho v. Holden 890 P.2d 341, 347 (Idaho Ct. App. 1995)*, statute that prohibited private consensual oral sodomy between married persons unconstitutional, because it infringed upon the constitutional right of privacy
- Campbell v. Sundquist 926 S.W.2d 250 (Tn.App.1996)*, Tennessee law against consentual sodomy unconstitutional
- Gryczan v. Montana 96-202, 942 P.2d 112 (1997)*, Montana State Supreme Court finds law against consentual sodomy unconstitutional
- Powell v. Georgia (actually Powell v. State) S98A0755, 270 Ga. 327, 510 S.E. 2d 18 (1998)*, The Georgia State Supreme Court finds the very law making consentual sodomy a crime which was upheld by the U.S. Supreme Court in Bowers to be unconstitutional as violating the state Constitution's privacy protections
- Williams v, Maryland (actually Williams v. State), Baltimore City Circuit Court, January 14, 1999 , State of Maryland agrees to court order declaring its law forbidding consentual sodomy unconstitutional
- Lawrence v. Texas ___ U.S. ___, 02-102 (2003)* Texas law making sodomy with same sex partner illegal but not with opposite sex is unconstitutional; considered that this case effectively overturns Bowers v. Hardwick
See also Sex Laws in the Fifty States, Landmark Case
* Click here to understand what those numbers mean