Never one to let a little Supreme Court ruling stand in their way, the Virginia General Assembly this year decided not to get rid of the sodomy law. Thankfully, a woman from Newport News is challenging that, since she’s facing five years in prison for — horrors — having sex.
Police Sgt. Randy Franklin testified at a preliminary hearing Monday that he found the 21-year-old woman in a car in a parking lot outside the Newport Trace apartments receiving oral sex from a man about 3 a.m. Jan. 29. Both were charged with a felony under the crimes against nature statute.
[…]
[Her attorney], citing the Supreme Court decision, argued that Virginia’s law has already been nullified and said felony charges against his client should be dropped.
General District Court Judge Bryant L. Sugg denied Lee’s motion, saying it was beyond the boundaries of his court to rule on a constitutionality question. Lee said he would renew the argument when the case goes to trial.
My god, won’t somebody think of the children?