anti-gay protest By Peter Galuszka

Atty. Gen. Kenneth Cuccinelli, now running as a Republican for governor, has had a number of strange obsessions: going doggedly after a climatologist over global warming issues he disagrees with and pushing to arm investigators involved with Medicaid fraud.

But nothing compares with Cuccinelli’s stubborn insistence that sodomy should be illegal even though the U.S. Supreme Court says that any such law is unconstitutional. The undercurrent seems to be that Cuccinelli is abnormally obsessed with sex and gays.

To get a feel for what he thinks is important, check out his Website. In July, it issued seven press releases. Three of them involved child pornography, sex crimes or prostitution. In June, the county was four out of 14 press releases and in May, four out of nine releases. One wonders if the attorney general actually believes that sex is the biggest legal problem Virginia faces.

He has been more famous for something else – his dogged insistence that Virginia challenge a federal court appeals knock-down of Virginia’s archaic anti-sodomy law that would make oral and anal sex a felony. Cuccinelli’s excuse is that he is trying to protect children against child abuse.

His argument has been taken apart in an Aug. 7 analysis “Ken Cuccinelli’s Sodomy Obsession” in Slate, the digital magazine.

Cuccinelli claims that Virginia’s anti-sodomy law, which sets no age limit, might be constitutional if the high court “would just interpret the terrifyingly broad sodomy law to apply only to sex involving 16 and 17-year-olds.”

In other words, he would be adding age limits to a law that doesn’t specify them. This gets a bit loopy.

Cuccinelli’s case in question involves the matter of 47-year-old William MacDonald who solicited oral sex from a 17-year-old woman. Nothing apparently happened but it turned out that the state couldn’t hit MacDonald with a statutory rape rap because the age for consent in Virginia is 15.

This is where it gets weird. As Slate puts it: “Asking a federal court to turn a state anti-sodomy law into an anti-statutory rape law means that if MacDonald had engaged in ordinary intercourse with a 17-year-old girl every day for a month, he would not face a felony conviction or be a sex offender.”

Cuccinelli’s revision would mean that the state’s sodomy law would mean those older than 15 can legally consent to sex, says Slate, yet have no right to sexual privacy in actually having sex. Put another way, the state could charge any 16 or 17-year-old with felony sodomy if they chose to have anal or oral sex rather than vaginal sex.

Many teenagers are sexually experienced by the age of 15, including gays. The unwritten message is that Cuccinelli must be targeting gays just as he targeted gays when he advised that state organizations like universities did not have to have policy statements banning discrimination based on sexual orientation.

Not only is Cuccinelli’s position highly discriminatory against gays and lesbians, it raises troubling questions about what he considers important in Virginia. The Old Dominion faces many problems such as clogged highways, creating jobs, eradicating poverty and improving health care.

Why should what goes on in the bedroom of a legal-aged teenager dominate his focus?

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9 responses to “Cuccinelli’s Strange Obsession”

  1. all that is old news now. This is where honest journalism is supposed to do it’s thing by asking these questions and see how he answers.

  2. Les Schreiber Avatar
    Les Schreiber

    This guy is a sick puppy . This is why I believe he cannot be trusted with any office. He needs an shrink not an inauguration.

  3. Neil Haner Avatar
    Neil Haner

    Any chance we can just fast forward to the 2017 election when maybe we’d have some decent candidates available?

  4. DJRippert Avatar

    It’s worse than you think, Peter. Here is the opening part of Virginia’s Crimes Against Nature law, “A. If any person carnally knows in any manner any brute animal, or carnally knows any male or female person by the anus or by or with the mouth, or voluntarily submits to such carnal knowledge, he or she shall be guilty of a Class 6 felony …”.

    It is illegal in Virginia for a husband and wife to engage in oral sex in their own bedroom with the door locked and the lights out.

    On the one hand, Cuccinelli that the law would protect minors and had “nothing to do with sexual orientation or private acts between consenting adults.” But as a state senator in 2004, Cuccinelli voted against a bill excluding private consensual acts from the law.

    Why would a so-called small government defender want the government to regulate sex acts between consenting adults?

    You think it’s anti-gay. I think it’s a demonstration of Cuccinelli’s incompetence as an Attorney General.

    I think Cuccinelli has been letting commonwealth’s attorneys use the crimes against nature law to prosecute people for child abuse and a wide variety of other crimes. Unfortunately, the statute is almost certainly unconstitutional and that fact has been clear since the 2003 Lawrence v Texas decision.

    Now, what will happen to the people Cuccinelli et al incarcerated under the crimes against nature act if that act is found to be unconstitutional?

    I assume they will be freed or retried (at considerable taxpayer expense).

    Cuccinelli is building a smoke screen in an effort to try to hide his outright incompetence in using an obviously unconstitutional Virginia law to prosecute sex offenders.

  5. DJRippert Avatar

    Cuccinelli just lost his appeal –

    For a self-proclaimed legal genius Cuccinelli certainly seems to lose a lot.

    How are those Michael Mann e-mails coming?

  6. running for Gov… thinking ahead… you want that kind of a lawsuit in front of the SCOTUS during you campaign for Gov.


  7. Peter Galuszka Avatar
    Peter Galuszka

    Dkr and LarryG are right. In another world or universe, these issues would be laughable. Cooch’s total lack of preparation in anticipating court rulings would be a killer for him. In his book, he goes on and on about his legal assaults on Obamacare and you have to get past page 140 before you learn that SCOTUS upheld most of it, making his points moot (maybe he missed that class in law school).

    What is scary is that in Virginia, he can get away with this, regardless of what is reported and said. There is still a good chance this guy will win and for that you have the Democrats and everyone else to blame. Sometimes I wonder why I moved back to the Old Dominion. It was this way back in the 1970s, too.

    1. DJRippert Avatar

      The only case I can recall Cuccinelli winning is his suit to throw out the EPA’s finding in the Accotink Creek matter. Even that will simply require the EPA to re-file on different grounds.

      Cuccinelli is batting below the Mendoza line as they say in baseball – below .200.

  8. there are two worlds in Va – the rural Red world and the urban areas blue in the center, purple next to center and pink on the edges.

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