ABSTRACT
This chapter explains how sexual mores and laws governing the criminal regulation of non-forcible sexual behavior vary across time and culture. It traces the history of criminal laws against sodomy, adultery, and fornication. The chapter evaluates the actual and potential impact of Lawrence v. Texas on criminal regulation of a wide range of sexual activities, including public sexual indecency, prostitution, bestiality, incest, obscenity, bigamy, adultery, fornication, statutory rape, and laws governing the known transmission of sexually transmitted infections. It analyzes how non-forcible sex crimes have targeted lesbian, gay, bisexual, and transgender groups. Applying the rational basis test, the Court upheld the constitutionality of criminalizing sodomy since such laws were rationally related to legitimate governmental interest of regulating morality. An animal cannot grant legally valid consent to engage in sexual activity with a human. Statutory rape laws criminalize sex between adults and underage minors. There is little doubt that laws against public sexual indecency are selectively enforced against gays and lesbians.
