The Michigan Senate has doubled down on its unconstitutional ban on anal sex by passing a new bill that updates the wording of the ban.
Despite the Supreme Court rendering anti-sodomy laws unconstitutional in 2003, Michigan is one of more than a dozen states that still has a sodomy ban on the books. It also has one of the worst – not only does it ban anal and oral sex for gay couples, it also bans the acts between straight partners, and even equates them to bestiality.
A new package of bills designed to keep pets out of the hands of animal abusers includes an update to the text of the ban, but leaves the restriction on consensual sex between humans intact.
Republican Senator Rick Jones’ SB 219 updates the ban to read: “A person who commits the abominable and detestable crime against nature either with mankind or with any animal is guilty of a felony.”
It’s that “with mankind,” that’s with issue, and technically leaves straight and gay couples practicing anal and oral sex at risk of a prison sentence of up to 15 years – or even up to life if the offender is a “sexually delinquent person.” Obviously, that’s all wildly unconstitutional.
Senator Jones updated the language of the ban in his bill, but neglected the opportunity to remove the unconstitutional elements. He told The New Civil Rights Movement why:
“The minute I cross that line and I start talking about the other stuff, I won’t even get another hearing. It’ll be done,” Jones said. “Nobody wants to touch it. I would rather not even bring up the topic, because I know what would happen. You’d get both sides screaming and you end up with a big fight that’s not needed because it’s unconstitutional.”
“If you focus on it, people just go ballistic,” he said. “If we could put a bill in that said anything that’s unconstitutional be removed from the legal books of Michigan, that’s probably something I could vote for, but am I going to mess up this dog bill that everybody wants? No.”
SB 219 has been passed by the Michigan Senate, and will now go to the House for approval.