67 countries criminalise gay sex. In the United States of America, thirteen states have sodomy laws or rather anti-sodomy laws on the books. The General Assembly of Maryland just repealed its sodomy law. 

The thirteen states which still criminalise consenting sex involving two (or more) men are:

• Alabama, 
• Florida, 
• Idaho, 
• Kansas, 
• Louisiana, 
• Michigan, 
• Mississippi, 
• North Carolina, 
• Oklahoma, 
• South Carolina, 
• Texas, 
• Utah,
• Virginia.

Missouri also bans sodomy, but its scope does not involve consenting adult males. 

Now t states’ statutes purport to ban all forms of sodomy, some including oral intercourse, regardless of the participants’ genders: Florida, Georgia, Louisiana, Massachusetts, Michigan, Minnesota, Mississippi, North Carolina, Oklahoma and South Carolina. Three states specifically target their statutes at same-sex relations only: Kansas, Kentucky, and Texas.

Larwrence v. Texas

Lawrence v. Texas was a landmark Supreme Court of the United States (SCOTUS) case that was decided on June 26, 2003. It was a landmark decision that invalidated sodomy laws in the state of Texas and, by extension, similar laws in 13 other states, thereby decriminalizing consensual sexual activity between adults of the same sex.

The case was brought forward by two men, John Lawrence and Tyron Garner, who were arrested in 1998 for engaging in sexual activity in Lawrence’s home, which was considered a violation of Texas’ ‘Homosexual Conduct’ law. They challenged the constitutionality of the sodomy law, arguing that it violated their right to privacy and equal protection under the Fourteenth Amendment of the US Constitution.

In a 6-3 decision, the Supreme Court ruled that the Texas sodomy law was unconstitutional as it violated the due process clause of the Fourteenth Amendment, which protects the right to liberty and privacy. The court held that private consensual sexual activity between adults, regardless of their sexual orientation, was protected under the Constitution, and that moral disapproval was not a sufficient basis for criminalizing such activity.

The Lawrence v. Texas decision marked a significant milestone in the advancement of LGBTQIA+ rights in the United States, and it effectively invalidated sodomy laws across the country. It was considered a major victory for LGBTQIA+ rights and paved the way for subsequent Supreme Court decisions, such as Obergefell v. Hodges in 2015, which legalized same-sex marriage nationwide.

Can Lawrence v. Texas be overturned?

Can Lawrence v. Texas be overturned? Yes it can. Roe v. Wade has been overturned in 2022. The United States is experiencing a wave of reactionary conservatism and Lawrence v. Texas could be challenged. 

Perhaps it’s a lesson legislative should be done by parliaments and legislatures have been somewhat “lazy”.

The Florida case

The Republican-led administration and legislature in Florida is spearheading homophobic and transphobic legislation. Although the Sunshine State has a vibrant gay scene in Fort Lauderdale and Wilton Manors, Key West, Miami Beach, Saint Petersburg, Tampa and so on. These are promoted by Visit Florida.

But on 11 April, Equality Florida issued in a bold statement a negative travel advice for the state. “The move comes in response to a wave of safety inquiries Equality Florida has received following the passage of laws that are hostile to the LGBTQ community, restrict access to reproductive health care, repeal gun safety laws, foment racial prejudice, and attack public education by banning books and censoring curriculum”, it says in a communiqué. 

Equality Florida sees assaults on medical freedom, assaults on academic freedom, censorship and erasure of the LGBTQIA+ community, assaults on business and so on.

Maryland

But this week, Maryland voted to repeal the ‘Criminal Law – Unnatural or Perverted Sexual Practice Act‘. 

Maryland had previously repealed part of its gay sex laws in 2020, removing sections that related specifically to sodomy, or anal sex, Erasing 76 Crimes reports. But the legislature at the time decided to maintain provisions around “unnatural or perverted sex practice”, which refers mainly to oral and non-penetrative sex acts. This latest bill removes all statutory restrictions on private, consensual sex acts.

It will take effect on 1 October 2023.

Queer human rights

• 67 countries where gay sex is illegal.
• How gay friendly are trending travel destinations Albania, Bosnia and Herzegovina, Georgia, Kosovo, Moldova, Montenegro, North Macedonia, Serbia, Turkey and Ukraine?.
• European Union and 15 Member States challenge Hungary’s gay propaganda ban in court.
• SPARTACUS GAY TRAVEL INDEX 2023 | Belgium 17th most gay travel friendly country; Malta on 1, Canada and Switzerland share 2nd.
• 1 in 3 LGBTQIA+ people in Flanders and Brussels experienced physical aggression in the past two years.
• ILGA-EUROPE | 2022 deadliest rise in homophobic and transphobic violence in over a decade.
• EXHIBITION | ‘Homosexuals and Lesbians in Nazi Europe’, Kazerne Dossin, Mechelen.
• 71 (68) countries where gay sex is illegal.
• RAINBOW EUROPE MAP AND INDEX 2022 | These are the LGBTQIA-friendly and LGBTQIA-unfriendly countries in Europe.
• RAINBOW EUROPE MAP AND INDEX 2021 | These are the LGBTQI-friendly and LGBTQI-unfriendly countries in Europe.
• RAINBOW EUROPE MAP AND INDEX 2020 | These are the LGBT-friendly and LGBT-unfriendly countries in Europe.
• Political and governmental homophobia and transphobia in Europe not necessarily backed by public opinion.
• COVID-19 and Anti-LGBTQI initiatives make queer life harder in Europe.
• To be or not to be out and proud LGBTQ when travelling?.
• Are you travelling to a hostile destination?.
• ILGA-Europe: COVID-19 affected LGBTI people’s human rights heavily.
• European Union declared ‘LGBTIQ Freedom Zone’ as Belgium mourns murdered gay man.
• Travel guide for people with HIV.
• European Union declared ‘LGBTIQ Freedom Zone’ but reality is quite different.
• A plea for LGBTQ travel in post-communist Eastern Europe, the Caucasus and Central Asia.
• Queer in a hostile world: more likely to be arrested for looking gay than for actual homosexual acts.