Attorney General Ken Cuccinelli is asking the U.S. Supreme Court to overturn a ruling that struck down Virginia’s anti-sodomy law.
A petition filed Tuesday claims a divided three-judge panel of the 4th U.S. Circuit Court of Appeals misinterpreted the scope of a Supreme Court decision invalidating a similar Texas law.
Virginia’s so-called crimes against nature law served as the basis for a 47-year-old man’s conviction of criminal solicitation for allegedly demanding oral sex from a 17-year-old girl. In the appeal, Cuccinelli claims the landmark 2003 Lawrence v. Texas decision applied only to sex acts involving consenting adults, not those between an adult and a minor.
He says if the appeals court decision isn’t overturned, nearly 90 people may be eligible to have their names removed from Virginia’s sex offender registry.