Sodomy laws in the United States

Through the mid to late 20th century, the gradual decriminalization of consensual sexual acts led to the elimination of anti-sodomy laws in most U.S. states. During this time, the Supreme Court upheld the constitutionality of its sodomy laws in Bowers v. Hardwick in 1986. In 2003, the Supreme Court reversed that decision in Lawrence v. Texas, which invalidated any state sodomy laws, some of which were still law in the following 14 states: Alabama, Florida, Idaho, Kansas, Louisiana, Michigan, Mississippi, Missouri, North Carolina, Oklahoma, South Carolina, Texas, Utah and Virginia.

History

The Colonial era

During the colonial era of American history, the various European nations which established colonies in the Americas brought their pre-existing sodomy laws (which included capital punishment) with them. In 1625, the Virginia Colony executed Richard Cornish for alleged homosexual acts with a servant, making him one of the earliest to be hanged for sodomy in North America. In 1636, the laws of Puritan governed Plymouth Colony included a sentence of death for sodomy and buggery. The Massachusetts Bay Colony followed in 1641, quoting Leviticus 20:13. The Puritan colonies, severe in their regulation of moral behavior, derived their laws from the Old Testament rather than English statutes. The establishment of the United States after their victory in the Revolutionary War did not bring about many changes in these laws. Beginning in the 19th century, the various state legislatures passed legislation which ended the status of capital punishment being used for those who were convicted under sodomy laws. South Carolina was the last state, in 1873, to repeal the death penalty for sodomy law violations. The number of times the death penalty was carried out under sodomy laws is unclear. Records show there were at least two executions, and a number of convictions with vague labels, such as "crimes against nature".

According to one source, sodomy statutes in colonial America in the 17th century were largely unenforced as male-male eroticism did not threaten the social structure, challenge the gendered division of labor, or undermine the patriarchal ownership of wealth. However, in Virginia there was a penalty of death for sodomy. In 1779, Thomas Jefferson tried to reduce Virginia's maximum punishment for sodomy to castration, but it was rejected by the Virginia legislature.

The 20th century and early 2000s

Prior to 1962, sodomy was a felony in every state punished by a lengthy term of imprisonment or hard labor. In that year, the Model Penal Code (MPC) — developed by the American Law Institute to promote uniformity among the states as they modernized their statutes — struck a compromise that removed consensual sodomy from its criminal code while making it a crime to solicit for sodomy. In 1962, Illinois adopted the recommendations of the Model Penal Code and thus became the first state to remove criminal penalties for consensual sodomy from its criminal code, almost a decade before any other state. Over the years, many of the states that did not repeal their sodomy laws had enacted legislation reducing the penalty.

At the time of the Lawrence decision in 2003, the penalty for violating a sodomy law varied widely from jurisdiction to jurisdiction among those states retaining their sodomy laws. The harshest penalties were in Idaho, where a person convicted of sodomy could earn a life sentence. Michigan followed, with a maximum penalty of 15 years' imprisonment while repeat offenders got life. By 2002, 36 states had repealed their sodomy laws or their courts had overturned them. By the time of the 2003 Supreme Court decision, the laws in most states were no longer enforced or were enforced very selectively. The continued existence of these rarely enforced laws on the statute books, however, is often cited as justification for discrimination against gay men, lesbians, and bisexuals.

In 2003, Justice Anthony Kennedy, authoring the majority opinion in Lawrence v. Texas, stated that American laws targeting same-sex couples did not develop until the last third of the 20th century and that early sodomy laws seemed not to have been enforced for private consensual acts.

New York

In 1950, New York enacted a new statute that divided the crime of sodomy into 3 degrees. First degree sodomy, with a maximum penalty of 20 years of imprisonment, is defined as being done by force as in rape, or an act with an animal or a dead body. Second degree sodomy, with a maximum penalty of 10 years of imprisonment, includes acts per os or per anum by a person over 21 years old with a person under 18 years old. Third degree sodomy, which is a misdemeanor with a maximum of 6 months in prison, is any act per os or per anum not amounting to first or second degree sodomy. With this new law, New York became the first state to reduce the crime of sodomy from a felony to a misdemeanor. A psychopathic offender law was included with this statute, but covered only sexual acts with minors or with the use of force or threats. In 1950, the Attorney General issued an opinion that the governing sodomy law covered both participants in an act of fellatio, the wording of the law being broader for oral sex than for anal. This opinion would be affirmed by a court interpretation more than a decade later.

In 1965, New York enacted a new statute repealing the crime of sodomy. Due to opposition to repealing the crime of sodomy, New York enacted a new statute at the same time that criminalized sodomy while reducing the maximum penalty from 6 months to 3 months, and also excluding married couples. It created the category of sexual misconduct, defined as engaging in sexual intercourse with another person without such person's consent or engaging in sexual conduct with an animal or a dead human body, which became a class A misdemeanor. Since the new statute repealing the crime of sodomy would only be effective on September 1, 1967, it never took effect.

Idaho

In the early 1970s, Idaho laws fluctuated on sexual crimes. On March 12, 1971, the Idaho House of Representatives voted was 55-5 in favor of House Bill 161, which enacted the entire Model Penal Code (MPC) in Idaho, which included repealing common-law crimes and the "crime against nature" law. The bill passed the Idaho Senate on March 25, 1971 and the vote was 34-1. It was signed on April 9, 1971 by Governor Cecil Andrus. It took effect on January 1, 1972. On January 25, 1972, the Idaho House voted was 44-28 in favor of House Bill 101, which repealed the provisions of House Bill 161, which had adopted the MPC. The bill passed the Idaho Senate on March 27, 1972 and the vote was 30-5. It was signed on March 27, 1972 by Governor Cecil Andrus. It took effect on April 1, 1972. On March 22, 1972, the Idaho House voted was 49-15 in favor of House Bill 59, which restored a criminal code framework after the repeal of House Bill 161, which included reinstating common-law crimes and reintroduced the felony "crime against nature" law, which included a minimum five-year penalty with no maximum limit. The bill passed the Idaho Senate on February 1, 1972 and the vote was 34-1. It was signed on February 18, 1972 by Governor Cecil Andrus. It took effect on April 1, 1972.

Lawrence v. Texas

On June 26, 2003, the United States Supreme Court ruled in the Lawrence v. Texas decision that U.S. state laws criminalizing sodomy between consenting adults are unconstitutional. Their decision struck down statutes that criminalized consensual sodomy in the following jurisdictions (14 US states, 1 US territory and the Uniform Code of Military Justice): Alabama, Florida, Idaho, Kansas, Louisiana, Michigan, Mississippi, Missouri (rest of the state outside of the Missouri Court of Appeals, Western District), North Carolina, Oklahoma, Puerto Rico, South Carolina, Texas, United States Armed Forces, Utah and Virginia. On June 26, 2003, at the time of the Lawrence v. Texas decision, the following jurisdictions (20 US states, 1 US territory and the Uniform Code of Military Justice) had statutes criminalizing consensual sodomy: Alabama, Arkansas, Florida, Idaho, Kansas, Kentucky, Louisiana, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, North Carolina, Oklahoma, Puerto Rico, South Carolina, Texas, United States Armed Forces, Utah and Virginia.

After Lawrence v. Texas

In 2005, Arkansas repealed its sodomy law, and in 2006, Puerto Rico repealed their various anti-sodomy statutes, while Missouri repealed its law against "homosexual conduct". In 2013, Montana removed "sexual contact or sexual intercourse between two persons of the same sex" from its definition of deviate sexual conduct, Virginia repealed its lewd and lascivious cohabitation statute, and sodomy was legalized in the US armed forces. In 2005, basing its decision on Lawrence, the Supreme Court of Virginia in Martin v. Ziherl invalidated § 18.2-344, the Virginia statute making fornication (sexual intercourse between unmarried persons) a crime.

On January 31, 2013, the Senate of Virginia passed a bill repealing § 18.2-345, the lewd and lascivious cohabitation statute enacted in 1877. On February 20, 2013, the Virginia House of Delegates passed the bill by a vote of 62 to 25 votes. On March 20, 2013, Governor Bob McDonnell signed the repeal of the lewd and lascivious cohabitation statute from the Code of Virginia. On March 12, 2013, a three-judge panel of the Court of Appeals for the Fourth Circuit struck down § 18.2-361, the crimes against nature statute. On March 26, 2013, Attorney General of Virginia Ken Cuccinelli filed a petition to have the case reheard en banc, but the Court denied the request on April 10, 2013, with none of its 15 judges supporting the request. On June 25, Cuccinelli filed a petition for certiorari asking the U.S. Supreme Court to review the Court of Appeals decision, which was rejected on October 7.

On February 7, 2014, the Virginia Senate voted 40-0 in favor of revising the crimes against nature statute to remove the ban on same-sex sexual relationships. On March 6, 2014, the Virginia House of Delegates voted 100-0 in favor of the bill. On April 7, the Governor submitted a slightly different version of the bill. It was enacted by the legislature on April 23, 2014. The law took effect upon passage. On February 26, 2019, the Utah legislature voted to eliminate the crime of sodomy between consenting adults. Governor Gary Herbert signed the bill into law on March 26, 2019.

On May 23, 2019, the Alabama House of Representatives passed, with 101 voting yea and 3 absent, Alabama Senate Bill 320, repealing the ban on "deviate sexual intercourse". On May 28, 2019, the Alabama State Senate passed Alabama Senate Bill 320, with 32 yea and 3 absent. The bill took effect on September 1, 2019. Alabama is the southernmost continental state to repeal their sodomy law as of 2025.

On March 18, 2020, the Maryland legislature voted to repeal its sodomy law. The bill became law in May 2020 without the signature of Governor Larry Hogan. While the original text of the bill intended to repeal both the state's sodomy law and "unnatural or perverted sexual practice law", amendments from the Maryland Senate urged to solely repeal the sodomy law. On March 31, 2023, the Maryland legislature voted to repeal the "unnatural and perverted sexual practice" law. The bill was sent to Governor Wes Moore for signature. As he did not veto the bill within 30 days of passage, Moore allowed for the bill to become law without his signature, and the repeal took effect on October 1, 2023.

In March 2022, Idaho repealed its sodomy law. The repeal was a result of a lawsuit brought on in September 2020 by a plaintiff known as John Doe. John Doe alleged his constitutional rights were violated when he was forced to register as a sex offender upon moving to Idaho due to a conviction for "oral sex" 2 decades prior. In July 2022, Pennsylvania's legislature voted to delete a derogatory mention of "homosexuality" in the state's Crimes Code. The bill was signed into law by Governor Tom Wolf. On May 17, 2023, the Minnesota legislature passed an Omnibus Judiciary and Public Safety Bill that included provisions repealing the state's sodomy, adultery, fornication, and abortion laws. On May 19, Governor Tim Walz signed the bill into law. It took effect the following day.

In June 2025, the Massachusetts legislature advanced a bill to repeal the state's long-dormant sodomy ban. On July 17, 2025, a joint Senate committee reported the bill for legislative consideration, and it was passed by the Massachusetts Senate on July 24, 2025. The bill awaits a vote in the Massachusetts House before heading to the state governor.

As of October 2026, the following jurisdictions (11 U.S. states) had statutes criminalizing consensual sodomy: Georgia, Kansas, Kentucky, Louisiana, Massachusetts, Michigan, Mississippi, North Carolina, Oklahoma, South Carolina, and Texas. These statutes' penalties are not enforceable due to the binding precedent of Lawrence v. Texas, meaning consensual sodomy cannot be prosecuted.

• Georgia (O.C.G.A. § 16-6-2)
• Kansas (Kan. Stat. 21-3505.)
• Kentucky (KY Rev Stat § 510.100.)
• Louisiana (R.S. 14:89.)
• Massachusetts (MGL Ch. 272, § 34.) (MGL Ch. 272, § 35.)
• Michigan (MCL § 750.158.) (MCL § 750.338.) (MCL § 750.338a.) (MCL § 750.338b.)
• Mississippi (Miss. Code § 97-29-59.)
• North Carolina (G.S. § 14-177.)
• Oklahoma (§21-886.)
• South Carolina (S.C. Code § 16-15-60.)
• Texas (Tx. Penal Code § 21.06.)