Virginia attorney general and Republican gubernatorial candidate/wingnut Ken Cuccinelli is asking the 4th Circuit to reconsider a previous ruling that found a prohibition against oral sex unconstitutional. Since this has a snowball's chance in hell of ever being reheard, guess old Ken is just performing for the anti-sex fundamentalist flying monkeys who make up so much of the state's electorate.
According to Buzzfeed, the alleged reason is that a 47-year-old man solicited a 17-year-old girl for a BJ. She refused, and the man then accused her of "performing oral sex against my will." That charge was later dropped, but apparently was enough for an ambitious crusading prosecutor who's running for governor. Via Mother Jones:
Last month, three judges on the US Court of Appeals for the 4th Circuit deemed a Virginia anti-sodomy law unconstitutional. The provision, part of the state's "Crimes Against Nature" law, has been moot since the 2003 US Supreme Court decision overruled state laws barring consensual gay sex, but Virginia has kept the prohibition on the books.
Now Virginia attorney general and Republican gubernatorial candidate Ken Cuccinelli is asking the full 4th Circuit to reconsider the case. Cuccinelli wants the court to revive the prohibition on consensual anal and oral sex, for both gay and straight people. (The case at hand involves consensual, heterosexual oral sex.)
Virginia Attorney General Kenneth Cuccinelli has filed a petition with the 4th Circuit U.S. Court of Appeals in Richmond asking the full 15-judge court to reconsider a decision by a three-judge panel last month that overturned the state’s sodomy law.
The three-judge panel ruled 2-1 on March 12 that a section of Virginia’s "Crimes Against Nature" statute that outlaws sodomy between consenting adults, gay or straight, is unconstitutional based on a U.S. Supreme Court decision in 2003 known as Lawrence v. Texas.
A clerk with the 4th Circuit appeals court said a representative of the Virginia Attorney General's office filed the petition on Cuccinelli's behalf on March 26. The petition requests what is known as an en banc hearing before the full 15 judges to reconsider the earlier ruling by the three-judge panel.
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