Top court strikes ban on sodomy

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The Texas ruling also ends sodomy laws in 12 other states, experts said.

The court ruled 6-3 that a Texas law forbidding homosexual sex was an unconstitutional invasion of privacy.

McMaster said the court's decision precludes prosecution under South Carolina's sodomy law. He said he disagreed with the court's decision, one he believes recognizes the "fundamental right" to consensual sodomy.

"The better view...is that there are a lot of fundamental rights, and this is not one of them," McMaster said.

Thirteen states, including South Carolina, have laws prohibiting sodomy. South Carolina is one of nine states that outlaw consensual sodomy between both heterosexuals and homosexuals.

Furman University law professor Don Aiesi said he saw no "wiggle room" for states to hang onto laws prohibiting sexual conduct between consenting adults.

"Those laws are gone," he said.

South Carolina's law prohibits "the abominable crime of buggery," attaching a 5-year prison sentence and a fine of no less than $500.

State law enforcement agencies said they didn't keep statistics on sodomy cases, but they know arrests aren't made often.

"It's very rare for the sheriff's office to have the opportunity to make a charge such as buggery," said Master Deputy Michael Hildebrand of the Greenville County Sheriff's Office.

Andy Siegel, a University of South Carolina assistant law professor, called the court's ruling "the broadest possible" and said it will strike down similar laws.

"It certainly means the South Carolina buggery statute will not survive," he said.

In the Texas case, police investigating a false gun report entered the home of John G. Lawrence and caught him having sex with Tyron Garner on Sept. 17, 1998. They were charged under the Texas Homosexual Conduct law and fined $200 each.

Gay rights advocates argued the Texas law invaded privacy and targeted gays. States' rights advocates contended that states should be allowed to set moral standards.

The decision means that the state's sodomy law can no longer be used to discriminate against gays, said Ed Madden, a member of the South Carolina Gay and Lesbian Pride Movement's board.

He said he was preparing to celebrate with champagne.

"It's an absolutely liberating decision," he said.

The sodomy law will likely remain on the books but left unenforced, Aiesi said. If anyone were ever charged, the case would be thrown out at the federal level, he said.

Upstate residents gave varying opinions of the court's decision.

Mike Johnson, 23, applauded the court for upholding privacy rights.

"Whether you're hetero or homosexual, what you choose to do on your own terms, on your time, in your own house, is up to you," he said.

Teekai Davis, 26, said the decision was cause for concern.

"Religiously, I think it's wrong," she said.

Ten gay rights advocates gathered on the steps of the Federal Courthouse at 6:30 p.m. While they said they were happy with the decision, the celebration was subdued as they looked to battles over workplace rights and legitimizing gay marriage.

"It sends the right message, but I think we've got a long way to go as far as society goes," said David Green, president of Greenville's chapter of Parents, Families and Friends of Lesbians and Gays.

Paul Alongi can be reached at 298-4746.