Supposedly GOP gubernatorial candidate Ken Cuccinelli, a/k/a "Kookinelli", was going to run a campaign that would down play his extremist position on social issues and focus instead on broad based economic issues that most Virginians are worried about. Instead what does Kookinelli do? He goes on a one man jihad to uphold Virginia's sodomy statute - which bars any type of sex acts other than heterosexual sex in the so-called missionary position - despite the ruling of the United States Supreme Court in Lawrence v. Texas a decade ago and a recent ruling by the U. S. Circuit Court of Appeals for the 4th Circuit that reaffirmed that Virginia's sodomy statute is unconstitutional. To date, Kookinelli has gone down in flames each step of the way in this quest and today he took his batshitery to a new level by asking the U. S. Supreme Court to stay the 4th Circuit ruling until that Court considers Kookinelli's appeal from the 4th Circuit.
As a recent post on this blog indicates, if Kookinelli's real goal was to prosecute those guilty of sex crimes against minors as claimed, a statute already is on the books in Virginia that would allow him to do precisely that. Thus, Kookinelli's only real goal can be that he wants to use the sodomy statute to harass gays and threaten them with felony charges rather than mere misdemeanors. The Virginian Pilot looks at Kookinelli's latest proof that "he doth protest too much me thinks" on the issue of sodomy. Here are highlights:
Virginia's attorney general is asking the U.S. Supreme Court to stay a lower court's decision striking down the state's anti-sodomy law while the case is on appeal.
Chief Justice John Roberts has asked the other side for a response by next Monday.
The 4th U.S. Circuit Court of Appeals declared Virginia's law against oral and anal sex unconstitutional in March. Attorney General Ken Cuccinelli appealed the panel's 2-1 ruling to the Supreme Court in June.
In the appeal, Cuccinelli claims a 2003 Supreme Court decision striking down a Texas anti-sodomy law applied only to sex acts between consenting adults, not those between an adult and a minor.
The problem for Kookinelli, of course is that as written, the sodomy statute makes ANYONE who has oral or anal sex guilty of a felony. Even if they are a married heterosexual couple. As Mother Jones has noted, as written, Virginia's statute would criminalize close to 90% of the population:
If Virginia's ban on "unnatural" sex acts applied nationwide, the Virginia law would make 90 percent of men and women in the United States between the age of 25 and 44 criminals. Here's a chart from the National Center on Health Statistics on sexual behavior in the US:There seems to be no way of getting around the fact that Cuccinelli has a bizarre obsession with sodomy and to me it suggests that the man is (a) mentally ll and/or (b) a self-loathing closeted gay man. If it is the latter, I wish someone would come forward and "out" him.
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