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Sodomy Seven

7/26/2010 - Seven years ago, the US Supreme Court overturned all remaining sodomy laws in the United States in the landmark case of Lawrence v. Texas. Unfortunately, North Carolina's Crime Against Nature (CAN) law remains on the books. Despite the Supreme Court ruling, the CAN law is still occasionally enforced, and it's still used to stigmatize the LGBT community.

For example, in May 2008, two men in Raleigh were arrested and charged under the CAN statute. Though the district attorney ultimately decided not to proceed to trial, the simple fact that this remains an arrestable offense is unconscionable.

Just the threat of prosecution alone (even though it would ultimately result in the state law being invalidated) has a chilling affect on LGBT North Carolinians. Given the seemingly selective nature of enforcement of this statute  – it's used to target gay folks despite its applicability to many heterosexual activities – it needs to be eliminated.

This is a topic that many people are not comfortable talking about, but it is nevertheless an important one. While LGBT folks have lives that extend far beyond sexuality, sexuality is still an important aspect of our lives. Part of the challenge in our quest for fair treatment for our families is overcoming the taboo on the topic of sex, and creating a positive, appropriate environment for civil, adult discussion.

There are many reasons why repealing the CAN law is important to all North Carolinia citizens:

  • The statute has been used by landlords as justification for not renting apartments to LGBT individuals.
  • It's been used by legislators to try and pass legislation in the state General Assembly that would prohibit sex ed teachers from mentioning sexual practices that are not lawful in North Carolina (and by extension any discussion of LGBT folks).
  • The CAN statute criminalizes the behavior of almost all LGBT individuals.
  • It's used to propagate anti-LGBT attitudes and stigmatize discussion of, and by, gay citizens.

The Lawrence v. Texas victory did more than simply decriminalize the private lives of LGBT people. Nationally sodomy laws were used to justify wholesale discrimination against gay folks in issues from employment to adoption to simply living quiet, respectful, dignified lives.

Since the ruling, Lawrence v. Texas has been cited in more than 300 decisions, including Iowa's marriage equality victory. 

North Carolina's CAN law is a vestige of ignorance and discrimination that cannot be allowed to continue to ruin the lives of LGBT people. Equality NC is working to reform the North Carolina law to ensure it conforms with the U.S. Supreme Court decision by guaranteeing sexual privacy and making it clear that the law cannot be applied to consenting adults in a private setting. 

To support Equality NC's efforts to get North Carolina to conform the CAN statute with the US Supreme Court decision, just click here.

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