Only a few years ago, Minnesota law deemed non-commercial acts of
“sodomy” (defined as oral or anal sex) between consenting adults in
private to be gross misdemeanors, punishable by fines of up to $3,000
and/or up to a year in jail. In practice, however, the law was rarely
enforced. In June, 2000, the Minnesota Civil Liberties Union filed a
lawsuit in Hennepin County District Court claiming the statute violated
the Minnesota constitution’s right to privacy.
In May, 2001, Judge Delila Pierce ruled that the Minnesota sodomy law
did violate the state constitution’s privacy guarantees. Judge Pierce’s
decision followed numerous rulings by state courts around the country
since 1986 overturning such laws on state constitutional grounds.
Concerned that the State might not appeal the decision, the MCLU
asked Judge Pierce to certify the group of plaintiffs as a statewide
class, a move designed to give the decision effect beyond Hennepin
County. On July 2, 2001, Judge Pierce granted this motion. The State
failed to appeal either ruling. As a result, effective September 1,
2001, the Minnesota sodomy law ceased to be enforceable in the context
of adult, non-commercial, private, consensual sexual activities.
Subsequently, on March 21, 2002, federal district Judge Michael J.
Davis ruled in a separate challenge to the same law that “because the
State of Minnesota … never appealed [Judge Pierce’s] decision, that
decision is now binding state law. Accordingly, as it stands,
Minnesota’s sodomy law is unconstitutional … [and other counties are]
bound by the decision.” Thus, although the statute remains on the books,
the era of its enforceability in the context most critical to GLBT
people has come to an end.
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