Bill would strike old sodomy law

Rep. Rick Glazier wants to take an unconstitutional law banning sodomy off the books.

As previously noted, North Carolina's anti-sodomy law dates back to the reign of Henry VIII, becoming a part of state statutes in 1715 when English common law was declared to be part of our law.

The U.S. Supreme Court declared anti-sodomy laws unconstitutional in 2003, but it remains on the books despite several attempts to remove it.

Glazier filed a bill today that would rewrite the statute — which currently says "the crime against nature, with mankind or beast" is a Class I felony — is not unlawful if it is "between mutually consenting adults in a private home, private residence, or other private abode."

That change would conform state law to the Supreme Court's decision in Lawrence v. Texas, though it would still allow the anti-sodomy statute to be used to prosecute public sex acts and bestiality.