THE LEDGER-STAR
Copyright (c) 1994, Landmark Communications, Inc.
DATE: Monday, July 11, 1994 TAG: 9407110106
SECTION: LOCAL PAGE: B5 EDITION: FINAL
SOURCE: ASSOCIATED PRESS
DATELINE: RICHMOND LENGTH: Medium: 54 lines
Virginia's law making oral sex a felony is likely to remain on the books for the foreseeable future despite a court's ruling that breaking the law did not make a lesbian an unfit mother, legislators and gay rights activists say.
A bill to decriminalize private, noncommercial, consensual sex acts between adults died in a legislative subcommittee last winter. Del. L. Karen Darner, D-Arlington, said she will resubmit a similar bill in 1995.
However, she said her bill's chances again appear bleak.
``Even though many people favor it, they're afraid to vote for it,'' she said. ``They're afraid it will be construed as supporting sex between unmarried people.''
Del. Robert F. McDonnell, R-Virginia Beach, said he is concerned that such a bill would appear to sanction homosexuality.
``I'm not going to be a part of making that acceptable,'' he said.
Shirley Lesser, manager of the gay rights group Virginians for Justice, said she realizes there is significant opposition to changing the sodomy law in Virginia. Just getting Ms. Darner's bill out of subcommittee would be a victory, she said.
``We know it's a multiyear attempt. We don't expect it to happen overnight,'' Ms. Lesser said.
Since 1961, sodomy laws similar to Virginia's have been repealed in 30 states and Washington, D.C., according to Steven Reichert, spokesman for the D.C. Sodomy Law Reform Coalition.
Virginia's sodomy law, enacted in 1792, applies to both homosexuals and heterosexuals - including married couples. It is rarely enforced against people having oral sex in their homes.
``Just because we don't have many prosecutions doesn't mean the law doesn't have an effect,'' said McDonnell, a former commonwealth's attorney.
He said the purpose of laws is not to put people in jail, but to make ``a moral statement about what is acceptable to the people of Virginia.'' Homosexuality, he said, is ``outside the traditional moral code.''
Ms. Darner said one of her objections to the sodomy law is ``it can be used in a discriminatory fashion'' against homosexuals. Violation of the law is punishable by a sentence of one to five years in prison and a fine of up to $2,500.
The oral sodomy law was cited by a judge who last September upheld a juvenile court decision giving custody of lesbian Sharon Bottoms' son to Ms. Bottoms' mother.
But the Virginia Court of Appeals reversed the decision, saying a parent's private sexual conduct does not make the parent unfit. by CNB