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The early United States inheritedsodomy laws which constitutionally outlawed a variety ofsexual acts deemed illegal, illicit, unlawful, unnatural or immoral from the colonial-era based laws in the 17th century.[1] While these laws often targetedsexual acts between persons of the same sex, many sodomy-related statutes employed definitions broad enough to outlaw certainsexual acts between persons of different sexes, in some cases even including acts betweenmarried persons.
Through the mid to late 20th century, the gradualdecriminalization of consensual sexual acts led to the elimination of anti-sodomy laws in most U.S. states. During this time, theSupreme Court upheld the constitutionality of itssodomy laws inBowers v. Hardwick in 1986. In 2003, the Supreme Court reversed that decision inLawrence v. Texas, which invalidated any state sodomy laws, some of which were still law in the following 14 states:Alabama,Florida,Idaho,Kansas,Louisiana,Michigan,Mississippi,Missouri,North Carolina,Oklahoma,South Carolina,Texas,Utah andVirginia.
During thecolonial era ofAmerican history, the various European nations whichestablished colonies in the Americas brought their pre-existing sodomy laws (which included capital punishment) with them. In 1625, theVirginia Colony executedRichard Cornish for alleged homosexual acts with a servant, making him one of the earliest to be hanged for sodomy in North America.[2] In 1636, the laws ofPuritan governedPlymouth Colony included a sentence of death for sodomy and buggery.[3] TheMassachusetts Bay Colony followed in 1641, quoting Leviticus 20:13. The Puritan colonies, severe in their regulation of moral behavior, derived their laws from the Old Testament rather than English statutes.[4] The establishment of the United States after their victory in theRevolutionary War did not bring about many changes in these laws. Beginning in the 19th century, the various state legislatures passed legislation which ended the status of capital punishment being used for those who were convicted under sodomy laws.South Carolina was the last state, in 1873, to repeal the death penalty for sodomy law violations. The number of times the death penalty was carried out under sodomy laws is unclear. Records show there were at least two executions, and a number of convictions with vague labels, such as "crimes against nature".[5]
According to one source, sodomy statutes in colonial America in the 17th century were largelyunenforced as male-male eroticism did not threaten the social structure, challenge the gendered division of labor, or undermine the patriarchal ownership of wealth.[6] There were gay men on General Washington's staff and among the leaders of the new republic,[7][page needed] even though in Virginia there was a maximum penalty of death for sodomy.[citation needed] In 1779,Thomas Jefferson tried to reduce Virginia's maximum punishment for sodomy tocastration,[8] but it was rejected by the Virginia legislature.[9]
Prior to 1962, sodomy was afelony in every state punished by a lengthy term of imprisonment orhard labor. In that year, theModel Penal Code (MPC) — developed by theAmerican Law Institute to promote uniformity among the states as they modernized their statutes — struck a compromise that removed consensual sodomy from its criminal code while making it a crime tosolicit for sodomy. In 1962, Illinois adopted the recommendations of the Model Penal Code and thus became the first state to remove criminal penalties for consensual sodomy from its criminal code,[10] almost a decade before any other state. Over the years, many of the states that did not repeal their sodomy laws had enacted legislation reducing the penalty.
At the time of theLawrence decision in 2003, the penalty for violating a sodomy law varied widely from jurisdiction to jurisdiction among those states retaining their sodomy laws. The harshest penalties were inIdaho, where a person convicted of sodomy could earn a life sentence.Michigan followed, with a maximum penalty of 15 years' imprisonment while repeat offenders got life.[11] By 2002, 36 states had repealed their sodomy laws or their courts had overturned them. By the time of the 2003 Supreme Court decision, the laws in most states were no longer enforced or were enforced very selectively. The continued existence of these rarely enforced laws on the statute books, however, is often cited as justification fordiscrimination against gay men, lesbians, and bisexuals.
In 2003, JusticeAnthony Kennedy, authoring the majority opinion inLawrence v. Texas, stated that American laws targeting same-sex couples did not develop until the last third of the 20th century and that early sodomy laws seemed not to have been enforced for private consensual acts.[12]
In 1950, New York enacted a new statute that divided the crime of sodomy into 3 degrees. First degree sodomy, with a maximum penalty of 20 years of imprisonment, is defined as being done by force as in rape, or an act with an animal or a dead body. Second degree sodomy, with a maximum penalty of 10 years of imprisonment, includes actsper os or per anum by a person over 21 years old with a person under 18 years old. Third degree sodomy, which is a misdemeanor with a maximum of 6 months in prison, is any actper os or per anum not amounting to first or second degree sodomy. With this new law, New York became the first state to reduce the crime of sodomy from a felony to a misdemeanor. Apsychopathic offender law was included with this statute, but covered only sexual acts with minors or with the use of force or threats. In 1950, the Attorney General issued an opinion that the governing sodomy law covered both participants in an act offellatio, the wording of the law being broader for oral sex than for anal. This opinion would be affirmed by a court interpretation more than a decade later.
In 1965, New York enacted a new statute repealing the crime of sodomy. Due to opposition to repealing the crime of sodomy, New York enacted a new statute at the same time that criminalized sodomy while reducing the maximum penalty from 6 months to 3 months, and also excluding married couples. It created the category of sexual misconduct, defined as engaging in sexual intercourse with another person without such person's consent or engaging in sexual conduct with an animal or a dead human body, which became aclass A misdemeanor. Since the new statute repealing the crime of sodomy would only be effective on September 1, 1967, it never took effect.[13]
In the early 1970s, Idaho laws fluctuated on sexual crimes. On March 12, 1971, theIdaho House of Representatives voted was 55-5 in favor of House Bill 161, which enacted the entireModel Penal Code (MPC) in Idaho, which included repealing common-law crimes and the "crime against nature" law. The bill passed theIdaho Senate on March 25, 1971 and the vote was 34-1. It was signed on April 9, 1971 by GovernorCecil Andrus. It took effect on January 1, 1972. On January 25, 1972, the Idaho House voted was 44-28 in favor of House Bill 101, which repealed the provisions of House Bill 161, which had adopted the MPC. The bill passed the Idaho Senate on March 27, 1972 and the vote was 30-5. It was signed on March 27, 1972 by Governor Cecil Andrus. It took effect on April 1, 1972. On March 22, 1972, the Idaho House voted was 49-15 in favor of House Bill 59, which restored a criminal code framework after the repeal of House Bill 161, which included reinstating common-law crimes and reintroduced the felony "crime against nature" law, which included a minimum five-year penalty with no maximum limit. The bill passed the Idaho Senate on February 1, 1972 and the vote was 34-1. It was signed on February 18, 1972 by Governor Cecil Andrus. It took effect on April 1, 1972.
On June 26, 2003, theUnited States Supreme Court ruled in theLawrence v. Texas decision that U.S. state laws criminalizing sodomy between consenting adults areunconstitutional.[14] Their decision struck down statutes that criminalized consensual sodomy in the following jurisdictions' (14 US states, 1 US territory and theUniform Code of Military Justice): Alabama, Florida, Idaho, Kansas, Louisiana, Michigan, Mississippi, Missouri (rest of the state outside of theMissouri Court of Appeals, Western District), North Carolina, Oklahoma, Puerto Rico, South Carolina, Texas, United States Armed Forces, Utah and Virginia. On June 26, 2003, at the time of theLawrence v. Texas decision, the following jurisdictions (20 US states, 1 US territory and the Uniform Code of Military Justice) had statutes criminalizing consensual sodomy: Alabama, Arkansas, Florida, Idaho, Kansas, Kentucky, Louisiana, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, North Carolina, Oklahoma, Puerto Rico, South Carolina, Texas, United States Armed Forces, Utah and Virginia.
In 2005, Arkansas repealed its sodomy law, and in 2006, Puerto Rico repealed their various anti-sodomy statutes, whileMissouri repealed its law against "homosexual conduct". In 2013,Montana removed "sexual contact or sexual intercourse between two persons of the same sex" from its definition of deviate sexual conduct,Virginia repealed itslewd and lascivious cohabitation statute, and sodomy was legalized in theUS armed forces. In 2005, basing its decision onLawrence, theSupreme Court of Virginia inMartin v. Ziherl invalidated § 18.2-344, the Virginia statute makingfornication (sexual intercourse between unmarried persons) a crime.[15]
On January 31, 2013, theSenate of Virginia passed a bill repealing § 18.2-345, the lewd and lascivious cohabitation statute enacted in 1877. On February 20, 2013, theVirginia House of Delegates passed the bill by a vote of 62 to 25 votes. On March 20, 2013,GovernorBob McDonnell signed the repeal of the lewd and lascivious cohabitation statute from theCode of Virginia.[16] On March 12, 2013, a three-judge panel of theCourt of Appeals for the Fourth Circuit struck down § 18.2-361, the crimes against nature statute. On March 26, 2013,Attorney General of VirginiaKen Cuccinelli filed a petition to have the case rehearden banc, but the Court denied the request on April 10, 2013, with none of its 15 judges supporting the request.[17] On June 25, Cuccinelli filed a petition for certiorari asking the U.S. Supreme Court to review the Court of Appeals decision, which was rejected on October 7.[18][19]
On February 7, 2014, the Virginia Senate voted 40-0 in favor of revising the crimes against nature statute to remove the ban on same-sex sexual relationships. On March 6, 2014, the Virginia House of Delegates voted 100-0 in favor of the bill. On April 7, the Governor submitted a slightly different version of the bill. It was enacted by the legislature on April 23, 2014. The law took effect upon passage.[20] On February 26, 2019, the Utah legislature voted to eliminate the crime of sodomy between consenting adults.[21] GovernorGary Herbert signed the bill into law on March 26, 2019.[22][23]
On May 23, 2019, theAlabama House of Representatives passed, with 101 voting yea and 3 absent, Alabama Senate Bill 320, repealing the ban on "deviate sexual intercourse". On May 28, 2019, theAlabama State Senate passed Alabama Senate Bill 320, with 32 yea and 3 absent. The bill took effect on September 1, 2019.[24][25] Alabama is the southernmost continental state to repeal their sodomy law as of 2025.
On March 18, 2020, the Maryland legislature voted to repeal its sodomy law. The bill became law in May 2020 without the signature ofGovernorLarry Hogan.[26] While the original text of the bill intended to repeal both the state's sodomy law and "unnatural or perverted sexual practice law", amendments from theMaryland Senate urged to solely repeal the sodomy law.[27] On March 31, 2023, the Maryland legislature voted to repeal the "unnatural and perverted sexual practice" law. The bill was sent to GovernorWes Moore for signature. As he did not veto the bill within 30 days of passage, Moore allowed for the bill to become law without his signature, and the repeal took effect on October 1, 2023.[28]
In March 2022, Idaho repealed its sodomy law.[29] The repeal was a result of a lawsuit brought on in September 2020 by a plaintiff known as John Doe. John Doe alleged his constitutional rights were violated when he was forced to register as a sex offender upon moving to Idaho due to a conviction for "oral sex" 2 decades prior.[30] In July 2022, Pennsylvania's legislature voted to delete a derogatory mention of "homosexuality" in the state's Crimes Code. The bill was signed into law by GovernorTom Wolf.[31] On May 17, 2023, the Minnesota legislature passed an Omnibus Judiciary and Public Safety Bill that included provisions repealing the state's sodomy, adultery, fornication, and abortion laws. On May 19, GovernorTim Walz signed the bill into law. It took effect the following day.[32]
In June 2025, the Massachusetts legislature advanced a bill to repeal the state's long-dormant sodomy ban. On July 17, 2025, a joint Senate committee reported the bill for legislative consideration, and it was passed by theMassachusetts Senate on July 24, 2025. The bill awaits a vote in theMassachusetts House before heading to the state governor.[33][34]
As of July 2025, the following jurisdictions (12 U.S. states) had statutes criminalizing consensual sodomy: Florida, Georgia, Kansas, Kentucky, Louisiana, Massachusetts, Michigan, Mississippi, North Carolina, Oklahoma, South Carolina, and Texas. These statutes' penalties are not enforceable due to thebinding precedent ofLawrence v. Texas, meaning consensual sodomy cannot be prosecuted.[35]
Below is a table of sodomy laws in the jurisdictions in United States of America and penalties as applicable to thebinding precedent ofLawrence v. Texas.[36][37] The most recent jurisdiction to repeal its sodomy ban isMinnesota.
Sodomy laws in the United States were largely a matter of state rather than federal jurisdiction, except for laws governing the District of Columbia and the U.S. Armed Forces.
In 1801, the6th United States Congress enacted theDistrict of Columbia Organic Act of 1801, a law that continued all criminal laws ofMaryland andVirginia, with those of Maryland applying to the portion of the District ceded from Maryland and those of Virginia applying to the portion ceded from Virginia. As a result, in the Maryland-ceded portion,sodomy was punishable with up to seven years' imprisonment for free persons and with thedeath penalty forenslaved persons, whereas in the Virginia-ceded portion it was punishable between one and ten years' imprisonment for free persons and with thedeath penalty for enslaved persons. Maryland repealed the death penalty for slaves in 1809 and modified the penalty for all persons to match Virginia's terms of imprisonment. In 1847, the Virginia-ceded portion wasgiven back to Virginia, thus only the Maryland law had effect in the district.[55] In 1871, Congress enacted theDistrict of Columbia Organic Act of 1871, a law that reorganized the district government and granted ithome rule. All existing laws were retained unless and until expressly altered by the new city council. Direct rule was reinstated in 1874. The criminal status of sodomy became ambiguous until 1901, when Congress passed legislation recognizingcommon law crimes, punishable with up to five years' imprisonment or a fine of $1,000.[55]
In 1935, Congress made it a crime in the district to solicit a person "for the purpose ofprostitution, or any other immoral or lewd purpose". In 1948, Congress enacted the first law specific to sodomy in the district, which established a penalty of up to ten years in prison or a fine of up to $1,000, regardless of sexuality.Oral sex was included in the law's application. Also included with this law was a psychopathic offender law and a law "to provide for the treatment of sexual psychopaths".[55] Themetropolitan police department eventually had several officers whose sole job was to "check on homosexuals". Multiple court cases dealt with the issue in the following years. Many of the published sodomy and solicitation cases during the 1950s and 1960s reveal clearentrapment policies by the local police, some of which were disallowed by reviewing courts. In 1972, settling the case ofSchaefers et al. v. Wilson, the D.C. government announced its intention not to prosecute anyone for private, consensual adult sodomy, an action disputed by theU.S. Attorney for the District of Columbia. The action came as part of a stipulation agreement in a court challenge to the sodomy law brought by four gay men.[55]
In 1973, Congress again granted the district home rule through theDistrict of Columbia Home Rule Act. It provided fora new city council that could pass its own laws. However laws regarding certain topics, such as changes to the criminal code, were restricted until 1977. All laws passed by the D.C. government are subject to a mandatory 30-day "congressional review" by Congress. If they are not blocked, then they become law.[56] In 1981, the D.C. government enacted a law that repealed the sodomy law, as well as other consensual acts, and made the sexual assault lawsgender neutral. However, the Congress overturned the new law.[57] A successful legislative repeal of the law followed in 1993. This time, Congress did not interfere.[58][55] In 1995, all references to sodomy were completely removed from the criminal code, and in 2004, the D.C. government repealed an outdated law against fornication.[59]
Although the U.S. military discharged soldiers for homosexual acts throughout the eighteenth and nineteenth century, U.S. military law did not expressly prohibit homosexuality or homosexual conduct until February 4, 1921.[60]
On March 1, 1917, theArticles of War of 1916 were implemented. This included a revision of the Articles of War of 1806, the new regulations detail statutes governing U.S. military discipline and justice. Under the category Miscellaneous Crimes and Offences, Article 93 states that any person subject to military law who commits "assault with intent to commit sodomy" shall be punished as a court-martial may direct.[61]
On June 4, 1920, Congress modified Article 93 of the Articles of War of 1916. It was changed to make the act of sodomy itself a crime, separate from the offense of assault with intent to commit sodomy.[61] It went into effect on February 4, 1921.[62]
On May 5, 1950, theUniform Code of Military Justice was passed by Congress and was signed into law by PresidentHarry S. Truman, and became effective on May 31, 1951. Article 125 forbids sodomy among all military personnel, defining it as "any person subject to this chapter who engages in unnatural carnal copulation with another person of the same or opposite sex or with an animal is guilty of sodomy. Penetration, however slight, is sufficient to complete the offence."[61]
As for theU.S. Armed Forces, theCourt of Appeals for the Armed Forces has ruled that theLawrence v. Texas decision applies to Article 125, severely narrowing the previous ban on sodomy. In bothUnited States v. Stirewalt andUnited States v. Marcum, the court ruled that the "conduct [consensual sodomy] falls within the liberty interest identified by the Supreme Court,"[63] but went on to say that despite the application ofLawrence to the military, Article 125 can still be upheld in cases where there are "factors unique to the military environment" that would place the conduct "outside any protected liberty interest recognized inLawrence."[64] Examples of such factors includerape,fraternization, public sexual behavior, or any other factors that would adversely affect good order and discipline. Convictions for consensual sodomy have been overturned in military courts underLawrence in bothUnited States v. Meno[65] andUnited States v. Bullock.[66]
On December 26, 2013, PresidentBarack Obama signed into law theNational Defense Authorization Act for Fiscal Year 2014, which repealed theArticle 125 ban on consensual sodomy.[67]
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