Tuesday, November 5, 2013

Cuccinelli, Felonies, and Oral Sex

Question one from Mr. Barber:

Did Ken Cuccinelli ever say he wanted to make oral sex a felony?

Well, right to it then.

Yes and no is the answer.

In Virginia oral sex was long considered, under state law, to be sodomy which was, again, under that law, a felony.  The law hadn't been enforced in force for some time, it seems, because . . .

Okay no giggling, dang it.

It hadn't been enforced in part because it is virtually impossible to enforce and partly because bedroom funtime as it is should be called is generally considered a matter for private concern.

Regardless, in 2003 the US Supreme court heard a case, Lawrence v. Texas that asserted sodomy laws were unconstitutional.

Fair and proper, issue resolved.  But not really.  Because Mr. Cuccinelli petitioned the Supreme Court to reconsider its decision - his argument was that laws intended to protect children from sexualization would carry no weight absent sodomy laws that banned all kinds of sex except that type used for reproduction - vaginal penetration by the penis.

Nobody bought it.

The Supreme Court turned Cuccinelli's petition down.

Where things got interesting is when the Democratic party at Norfolk State distributed suggestive posters about the case.  

Yeah. Scandal.

So, does Cuccinelli want to make oral sex a felony?  Kinda, yeah.  Could he even if he became governor?  Nope.

So, that just happened.

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