Friday, August 2, 2013

Louisiana Police Sting Targets, Arrests Gay Men For Sex Using Unconstitutional Anti-Sodomy Law

Police force in Baton Rouge have apparently used an invalid, unconstitutional law to focus on and arrest adult gay males, according to a different report.

The Baton Rouge Sheriff's Office sting was revealed on Saturday through the Baton Rouge Advocate, which looked into the busts with a minimum of twelve Louisiana gay males since 2011 who decided to consensual gay sex with undercover officials. In most from the cases, the males were arrested underneath the state's anti-sodomy law, that was struck lower as unconstitutional through the U.S. Supreme Court’s 2003 ruling in Lawrence v. Texas.

Technically invalid but still around the books, the state's "Crime Against Character" law forbids “unnatural carnal copulation by a person with another of the identical-sex or opposite-sex or by having an animal” together with “solicitation by a person of some other using the intent to take part in any abnormal carnal copulation for compensation,” based on Louisiana legislature.

“This is really a law that's presently around the Louisiana books, and also the sheriff is billed with enforcing the laws and regulations went by our Louisiana Legislature,” Casey Rayborn Hicks, a Sheriff’s Office speaker, told the Baton Rouge Advocate. “Whether what the law states applies is one thing for that courts to find out, however the sheriff will enforce the laws and regulations which are passed.”

However, the Advocate also says none of those cases have been punished by Da Hillar Moore III, whose office may find no proof of any crime being committed by the arrested males.

While Hicks contended that the truth that the males decided to sex inside a public park made their actions illegal, Equality Louisiana’s Bruce Parker told MSNBC.com this claim transported little authenticity as no sex ever really happened around the block and the majority of the males meant to have sexual intercourse in a private residence.

“They began a discussion and also the officer asked him back," Parker stated. "That’s a discussion that may happen anywhere. It’s the same as me asking in a Publish Office.”

As outrage from advocates for that lesbian, gay, bisexual and transgender (LGBT) community increased over the past weekend, the East Baton Rouge Sheriff’s Office published two statement on its Facebook page. The very first would be a defense from the policy, which stated that department wasn't attempting to target or humiliate any particular community.

"Whenever we receive calls in the public about lewd activity near our kids, we must respond," the statement reads. "Our park procedures, carried out in the specific request from the BREC Park’s Ranger, were an effort to discourage or stop lewd activity occurring around the block near children... The deputies used a statute they felt fit the problem to be able to remedy the worries of the mother and father and park authorities."

However, 1 hour and many Facebook comments later the department published another, more conciliatory status:

The aim of our statement ended up being to express our intent towards the public, that was to help keep the parks safe. We admit, however, the approach must change. We're not making excuses, simply stating we'll study from this, make changes and move ahead. We are dealing with all branches of presidency to locate a better solution to keep our parks safe. Because of all for his or her input.

Although it seems that police force in Louisiana might be rethinking any more use of the anti-sodomy laws, ThinkProgress notes that similar laws and regulations stick to the books in on the dozen other states. Actually, 2 yrs ago a Michigan sheriff’s office was revealed to become performing similar stings against gay males in the region.

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