Could Sodomy Laws Come Back?

Until 1960, sodomy was illegal throughout the entire United States. While this technically made oral and anal sex illegal for everyone, these laws were largely enforced only when sodomy occurred between persons of the same sex. Sodomy laws have since been repealed in most states and, since 2003, they are no longer enforceable anywhere in the country. But does this mean that sodomy laws are gone for good? In the wake of the Roe v Wade reversal, one Supreme Court justice called to revisit the issue, which is setting off alarm bells. So today’s show is all about the past, present, and future of sodomy laws.

I am joined by writer and historian Martin Padgett. His is the author of A Night at the Sweet Gum Head, which tells the story of Atlanta’s gay revolution in the 1970s. He is also working on a new book titled The Many Passions of Michael Hardwick, which tells the story of what is arguably the most important gay rights case in history.

Some of the topics we discuss include:

• The story of Michael Hardwick, who was arrested for having consensual sex with another man in the 1980s and appealed his case to the highest court in the land.
• The 1986 Bowers v Hardwick Supreme Court case that upheld sodomy laws.
• The 2003 Supreme Court case that declared sodomy laws unconstitutional.
• How the reversal of sodomy laws paved the way for same-sex marriage and non-discrimination laws.
• Current attempts to revive old laws that infringe on sexual and reproductive freedom.
• The future of sodomy laws in the U.S.

Learn more about Martin on his website.

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Credits: Precision Podcasting (Podcast editing) and Shutterstock/Florian (Music). Image created with Canva; photos used with permission of guest.