State Laws and Legislation

Alabama Sodomy Law

Alabama’s sodomy law was struck down by the U.S. Supreme Court on June 26, 2003, as a result of the Court’s decision in Lawrence v. Texas, No. 02-102 (U.S. June 26, 2003). Previously, Alabama’s sodomy law applied to both heterosexual and same-sex partners. ALA. CODE § 13A-6-63 (2001); § 13A-6-64 (2001). Although the sodomy law did not apply to acts by consenting adults in private, homosexual conduct was criminalized under the sexual misconduct law. In the 2002 Alabama Supreme Court case Ex parte H.H., the sodomy law was used by the court to deny a lesbian mother custody of her children -- despite the holding of the intermediate court that the father verbally, emotionally and physically abused the children. In the 1996 landmark case, Gay, Lesbian, Bisexual Alliance v. Sessions, an Alabama college attempted to use the sodomy law to deny funding to a gay, lesbian, bisexual and transgender student group at a state college. The court held that the law violated the First Amendment. ALA. CODE § 13A-6-65(a)(3) (2001).

Updated: Tue, February 06, 2007 - 9:23:14