Back in July we reported that North Carolina continued to target gays for legal persecution despite the nullification of "sodomy" laws by deciding that they'd just arrest people who talk about engaging in "sodomy" in public even if they actually have sex in a private home, even though their private, consensual sexual behaviour cannot be criminalized.

Now Virginia has hopped on the "conspiracy to commit sodomy" bandwagon, and is also arresting gay men for talking about having sex in public places. They're going after men hooking up in book stores and other cruisy locations, even though they're not having sex in public. This is an obvious violation of these guys' right to freedom of speech and association, but clearly if the state doesn't care about arresting folks for talking about something that isn't itself illegal, they don't give a damn about the rights of the victims of their sex shop trolling under the First Amendment.

Now granted, some of those arrested may have deserved it as there were some indecent exposure charges in some of the cases... but not all of them.

To illustrate just how silly this is, let's consider another legal activity in which two adults may engage consensually that might be solicited for in public. Again, I'm going to shamelessly rip off Al Franken's format of the one-act play.

SCENE OPENS in Opal's Yarn Barn, a small textile and craft supply store in downtown Anywhere, USA. Doris is looking for just the right buckle for a teddy bear's trousers and bumps into Eunice.

DORIS: My, that's a lovely shirt you have! Did you make that yourself?

EUNICE: Why thank you! Yes, I used glitter and some puff paints. It's super-easy to do, you know. By the way, my name is Eunice.

DORIS: Pleased to meet you, Eunice! Why, you'll have to show me how to do that kind of design some time. Cooking has always been my forté. Buttermilk biscuits are my specialty!

EUNICE: I never could get my biscuits to come out light and fluffy. They always come out like hockey pucks. It really makes my Ovaltine boil!

DORIS (her eyes light up and she gasps, as she has a brilliant idea): I KNOW! Why don't I buy some puff paints while I'm here, and you can follow me back to my place; you can show me how to do this wonderful design and I can show you the ropes with biscuits!

EUNICE: Why that sounds lovely!

(Officer Walters has been waiting patiently for his wife in the corner and has overheard this conversation)

WALTERS: I have to place both you ladies under arrest, for conspiracy to use puff paints and to bake biscuits. You have the right to remain silent...

I don't think that even Virginia outlaws making biscuits or working with puff paints (though I think a case could be made regarding the latter) and indeed they are not permitted to outlaw consensual sex between consenting adults either. So why should talking about biscuits and puff paints in a craft shop be treated any differently than talking about sex in a sex shop?

I'll tell you why: because Virigina is desperate to continue a legacy of persecution.

---Nick

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