Posts tagged Due Process
After Sulfur and Flame: Anti-Sodomy Laws and the Fourteenth Amendment

On September 23, 2020, the American Civil Liberties Union of Idaho and accompanying civil rights parties filed Doe v. Wasden, a complaint for injunctive and declaratory relief before the U.S. District Court for the District of Idaho. The plaintiff, an Idaho resident using the pseudonym John Doe, moved for a judgment to declare Idaho Code § 18-6605 facially unconstitutional. The state law in question, infamously labeled as Idaho’s Crime Against Nature statute, criminalizes consensual oral and anal sex. Doe’s conviction is a blatant violation of the Fourteenth Amendment’s Due Process Clause and patently disregards the Supreme Court’s 2003 ruling in Lawrence v. Texas.

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