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Date Posted: 22:01:07 07/19/02 Fri
Author: Drummond
Subject: Arkansas sodomy law struck down

Arkansas Sodomy Law Ruled Unconstitutional
July 10, 2002
by Katherine P. Califa, Communications Intern

A 25-year-old law prohibiting sexual relations between people of the same sex was declared an unconstitutional invasion of privacy by the Arkansas state Supreme Court on July 4, the Associated Press reported.

"Freedom and justice won today!" stated Arkansas NOW Coordinator Wanda Stephens, after hearing news of the verdict.

Although the 1977 law had apparently never been used to prosecute anyone, seven plaintiffs represented by the Lambda Legal Defense and Education Fund challenged it because they did not want their conduct considered illegal. The law carried a penalty of a $1,000 fine and up to a year in jail.

A judge in 2001 ruled that the law was unconstitutional, but the state of Arkansas appealed the ruling, arguing that legislature should be allowed to consider moral judgments when creating laws. In the current decision, two of the justices dissented, stating that the plaintiffs failed to show an actual threat of persecution or harm from the law's existence.

Kansas, Louisiana, Oklahoma, Texas and Utah still criminalize sexual relations between consenting adults of the same sex.

http://www.now.org/news/goodnews.html#arkansas

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