Sodomy Laws, as written, were to punish sexual acts deemed unnatural, and therefore unethical. Sex between a husband and wife for the purpose of reproduction was "natural" and therefore ethical and legally protected. Oral sex and anal sex were both often defined under the sodomy laws. At the time this photo was taken, the act itself (whether the couple was in fact married or not) would have been illegal.
While the law may have been difficult to enforce, it remained. Through the "sexual revolution" of the 60s and 70s states began to repeal their sodomy laws. But it wasn't until 2003, that the Supreme Court finally ruled that sodomy laws were unconstitutional, invalidating them in the remaining 14 states that still had them in the books.
Sadly, now more than a decade later, 13 states still have it in their books. Montana, Oklahoma, Texas, and Kansas still have laws specifically outlawing sex between gay Americans, and 9 other states outlaw anal or oral sex for for everyone.
One might argue that having a non-enforcable law on the books has no relevance one way or another. But as one reporter noted: "conservatives in those states know they can't enforce the laws, but by keeping them in the code, they can send a message that homosexuality is officially condemned by the government."
Enforceable or not, keeping outdated and unconstitutional laws on the books does send a message. And not a good one. The Supreme Court struck down the ban on interracial marriage in 1967. Alabama finally got around to taking it off the books in 2000.
Tonight, I'm going to celebrate my freedoms. Please pass the KY...
