Editing Sodomy (section)

== Sodomy laws in the United States ==
{{Main|wikipedia:Sodomy laws in the United States|l1=Sodomy laws in the United States}}
From the earliest times in the United States, sodomy (variously defined) was prohibited, although some historians suggest that early sodomy laws were mainly used to address issues of non-consensual behavior, or public behavior.  The earliest known United States law journal article dealing with sodomy was in 1905 in West Virginia. Attorney E.D. Leach argued that "perverted sexual natures" were related to crime. "Sodomy, rape, lust-murder, bodily injury, theft, robbery, torture of animals, injury to property and many other crimes may be committed under these conditions."  18th and 19th century judges often editorialized about the act of sodomy as they handed down their rulings. "That most detestable sin", the "horrid act", "the horrible crime", "that which is unfit to be named among Christians" characterized some of the language used by British and American jurists when punishing sodomites. Emphasis is usually on the notion that the act of anal penetration is so offensive "to God almighty" that the term Sodomy (literally, that which occurred in Sodom) is the only appropriate way of designating the activity. In other words, it was understood that when reference was made to "an unspeakable act" having occurred, it was clear that the act in question was none other than anal penetration. Some say, however, that the "Sin of Sodom" accurately referred not to anal penetration but rather to the agglomeration of ALL the unholy activities said to have occurred in Sodom and that it is thus inaccurate to imply a one-to-one relationship.

In the 1950s, all states had some form of law criminalizing sodomy, and in 1986 the United States Supreme Court ruled that nothing in the United States Constitution bars a state from prohibiting sodomy. However, state legislators and state courts had started to repeal or overturn their sodomy laws, beginning with Illinois in 1961, and thus in 2003, only 10 states had laws prohibiting all sodomy, with penalties ranging from 1 to 15 years imprisonment. Additionally, four other states had laws that specifically prohibited same-sex sodomy.  That year the United States Supreme Court reversed its [[1986]] ''[[Bowers v. Hardwick]]'' ruling and in ''[[Lawrence v. Texas]]'', invalidated these laws as being an unconstitutional violation of privacy, with [[Sandra Day O'Connor]]'s concurring opinion arguing that they violated equal protection.  ''See [[Sodomy law]].''

In the [[U.S. military]], the United States Army Court of Criminal Appeals has ruled that the ''Lawrence v. Texas'' decision applies to Article 125 of the [[Uniform Code of Military Justice]], the statute banning sodomy.  In both ''United States v. Stirewalt'' and ''United States v. Marcum'', the court ruled that the "conduct falls within the liberty interest identified by the Supreme Court."<ref>http://www.armfor.uscourts.gov/opinions/2004Term/03-0433.htm</ref> However, the court went on to say that despite ''Lawrence'''s application to the military, Article 125 can still be upheld in cases where there are "factors unique to the military environment" which would place the conduct "outside any protected liberty interest recognized in ''Lawrence''."<ref>http://www.armfor.uscourts.gov/opinions/2004Term/02-0944.htm</ref>  Examples of such factors could be fraternization, public sexual behavior, or any other factors that would adversely affect good order and discipline.

''United States v. Meno'' and ''United States v. Bullock'' are two known cases in which consensual sodomy convictions have been overturned in military courts under the ''Lawrence'' precedent.<ref>http://www.sldn.org/binary-data/SLDN_ARTICLES/pdf_file/2309.pdf</ref><ref>http://www.sodomylaws.org/usa/military/milnews052.htm</ref>