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| COMMUNITY APPLAUDS DECISION: Hundreds flocked to Dupont Circle on June 26 to celebrate the Supreme Court’s landmark ruling in the Lawrence v. Texas case. The 6-3 ruling overturned a long-standing Texas sodomy law and invalidated similar laws in 12 other states, including Virginia. (Photo by Liz Flyntz) |
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HOME > NEWS > NATIONAL NEWS
By: LOU CHIBBARO JR. COMMENTS
 
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lawsuits, filed by lesbian and gay male couples, are based on the assertion
that the equal protection clause in each of the constitutions in the two states
prohibit New Jersey and Massachusetts from banning same-sex marriage.
“The Lawrence case won’t have a direct impact,” Logue said.
But she said the decision could boost arguments that gays should be treated
fairly under the law.
trong>Lawrence may not overturn past convictions
Arthur Spitzer, an attorney with the American Civil Liberties Union of the National
Capital Area, said the Lawrence decision would not automatically overturn convictions
against persons charged with sodomy in the past. Spitzer said laws determining
whether convictions in “old” cases can be overturned vary from state
to state, but many states have no legal mechanism for overturning or expunging
criminal convictions once all court appeals are completed or after a certain
period of time.
Robert Moran, the Fairfax County, Va., Commonwealth’s Attorney, said
Virginia law does not allow for revoking or overturning of criminal convictions,
even in cases when the Supreme Court overturns a law similar to the Lawrence
decision. Moran said the only recourse for someone in this situation in Virginia
is to seek a pardon from the governor.
Spitzer said the Lawrence decision also would be of no help to persons with
sodomy convictions who are required to register as sex offenders under state
laws. Spitzer said the sex offender registration laws are linked to criminal
convictions on various charges. In some states, consensual sodomy is among the
charges that trigger a requirement to register, gay activists have said.
According to Spitzer, the registration statutes, known as “Megan’s
laws,” would not allow the removal of the name of a convicted “sex
offender” from the state registry lists unless the conviction was overturned.
“It could be a nightmare,” Spitzer said. “People would have
to go back to court, one by one, to try to get their cases reopened.”
Spitzer said state legislatures could remedy this problem by passing a law
declaring the conviction void for persons convicted for sodomy under state laws
that the Supreme Court has now overturned.
“But the question is would they do that?” he said.
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