Despite the fact that the U.S. Supreme Court struck down sodomy laws as unconstitutional a decade ago in a historic ruling regarding privacy, police in East Baton Rouge, Louisiana, have been setting up sting operations, posing as lonely Gay men looking to meet other Gay men, and then making arrests. This practice is in direct violation of the Supreme Court ruling, but is one timid way in which political opponents of Gay rights and Gay marriage are hoping to make some final statement against the Gay lifestyle. Louisiana is just one of 12 states that refuse to remove the unconstitutional sodomy laws from the books, although the continued existence of such laws are also unconstitutional to enforce. And if local prosecutors choose to prosecute such unconstitutional laws, how many men have the $1 million dollars that it takes to appeal their conviction all the way up to the U.S. Supreme Court to have that court affirm that their arrest and conviction were completely illegal to begin with. Many times, it it just seems easier to pay some unfair fine and spend some time in jail than fight the system, even if that system is corrupt to the core.
Perennial candidate for president, Louisiana Governor Bobby Jindal, has been asked about this enforcement of unconstitutional laws and harassment of the Gay community, but so far hasn’t mustered up the courage to even offer up a statement. But, others like Gov. Rick Perry of Texas, have vocally offered up defenses on keeping the unconstitutional laws aimed against the Gay community on the books. Efforts to repeal these laws and to comply with the U.S. Supreme Court decision have been turned back by the socially conservative state legislators, so the illegal harassment of the Gay community only continues in a number of states where men are arrested on unconstitutional charges just so that social conservatives can make some statement against the Gay lifestyle, even if they are violating the U.S. Constitution to do it.
In Virginia, the Republican candidate for governor, Ken Cuccinelli, who is also the state’s attorney general has even started a new Website page to defend the unconstitutional laws against oral and anal sex, although the unconstitutional laws are certainly aimed at the continued illegal and unconstitutional harassment of the Gay community. Having the weight of a major U.S. Supreme Court decision behind them seems to mean little to the Gay community because illegal and unconstitutional laws are still used to attack this community in a number of states.
During the civil rights era, a number of states in the South had to have National Guard troops under federal orders act when Black children were denied a right to a public school education by local officials in violation of federal laws and court decisions. But, few in the Gay community expect the government to act on their behalf on this issue of the right to privacy. Some governments just want to take rights away from the citizens that are not theirs to take.