Thursday, October 24, 2013

Republican Candidates Ken Cuccinelli and Mark Obenshain are Among the List of Virginia Lawmakers Who Bear Responsibility for Retaining the Unconstitutional Anti-Sodomy Statute in The Commonwealth for the Last 10 Years

I have previously posted about Ken Cuccinelli’s Predator website, the refusal of Mr. Cuccinelli and the Virginia Legislature over the last 10 years to re-write our sodomy law so that it would be directed towards adults with children not adults with adults or children with children and that the real goal was anti-homosexual, not the protection of children.
-          On October 11, 2013
-          On July 17, 2013 

Today I found the below article. Its title is a bit on the fear-mongering / misleading side but the article it self is a great timeline of the entire Virginia anti-sodomy mess and all the players.

Mary Devoy 

How Ken Cuccinelli’s Position On Sodomy Could Set Numerous Sexual Predators Free
By Josh Isreal    October 24, 2013

Shortly after the Supreme Court rejected Virginia Attorney General Ken Cuccinelli’s (R) effort to revive parts of his state’s anti-sodomy law, Cuccinelli’s office emailed a statement to reporters claiming that prosecutors have been “using this law to protect minors from predatory adults.” The lower court’s decision striking the law, the Attorney General’s office warned, “puts tools prosecutors need to protect children in jeopardy,” adding that nearly 90 “sexual predators” could be deregistered as sex offenders. 

The full story, however, is far more nuanced, and it significantly undermines Cuccinelli’s effort to paint himself as a crusader for children. The truth is that Cuccinelli himself, along with the Republican candidate now running to replace him as attorney general, both played a significant role in undermining Virginia’s ability to prosecute sexual predators. As state lawmakers, both men put their personal opposition to homosexuality and gay sex above Virginia’s need to combat genuine sex crimes. And both men were part of a much greater effort to keep an unconstitutional law on the books. 

In 2005, William Scott MacDonald was convicted, under Virginia’s Crimes Against Nature law, of soliciting a 17-year-old female for oral sex — a felony under the law and not his first conviction under the same statute. Because that law — first enacted in 1950 to prohibit oral and anal sex, as well as bestiality — has not been updated since a 2003 Supreme Court ruling struck down sodomy laws, it was overturned this year. The convictions of other sexual offenders and child predators may also be now at risk. 

Though both have made fighting sexual predators a key campaign issue, the Republicans nominees in next month’s Virginia Gubernatorial and Attorney General elections — Cuccinelli and Mark Obenshain (R), respectively — are among those who bear responsibility for allowing this to happen, having toed the line of the state’s most prominent Christian Right organization. 

While rarely enforced in the modern era to prosecute the private behavior of consensual adults, Virginia Crimes Against Nature law was long used as an excuse to discriminate against gay and lesbian Virginians. In the late 1990s and early 2000s, state legislators repeatedly attempted to amend the Crimes Against Nature law to exclude oral and anal between consenting adults, or to at least reduce crimes from felony to misdemeanor.