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UNNATURAL Law.(Homosexual Conduct Law)

Publication: The New Yorker

Publication Date: 16-DEC-02

Author: Hertzberg, Hendrik
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COPYRIGHT 2002 All rights reserved. Reproduced by permission of The Condé Nast Publications Inc.

Like whist, whilst, and self-abuse, the word sodomy has an old-fashioned ring to it. You don't even see it alluded to much anymore, except in punning tabloid headlines about the situation in Iraq. But it--or its kissin' cousin, the nearly as archaic-sounding "deviate sexual intercourse"--can be found in the criminal codes of thirteen states of the Union, where it is punishable by penalties ranging from a parking-ticket-size fine to (theoretically) ten years in prison. Even at this late date, many people are vague about just exactly what sodomy is. Montesquieu defined it as "the crime against nature," which is not especially helpful. Blackstone called it "the infamous crime against nature, committed either with man or beast," which gets us a little further, but not much. Back in the U.S.A., the statute books tend to be franker. Some states bring animals into the picture, some don't. The Texas Legislature's definition is nonzoological. According to Section 21.01 of the Texas Penal Code...

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