Law Regarding Same-sex Sexual Activity
The Utah sodomy law (Utah Code Section 76-5-403) criminalized same-sex sexual activity until 2003 when the U.S. Supreme Court invalidated all state sodomy laws with its landmark 6 to 3 opinion in Lawrence vs. Texas. The opinion stated that private consensual sexual conduct is protected by the due process and equal protection rights that are guaranteed by the United States Constitution.
The state sodomy law applied to heterosexuality and homosexuality as a Class B misdemeanor, and provided punishment of up to six months in jail and up to a $1,000 fine.
Openly gay Utah Sen. Scott McCoy, D-Salt Lake, sponsored the bill S.B. 169 "Sodomy Amendments" unsuccessfully in 2007. The bill would have amended the state sodomy law by repealing its unconstitutional parts. The bill failed without consideration. The law remains published in the Utah Code.
After lobbying in 2011 by gay activist David Nelson, the Utah Department of Public Safety amended its administrative rule which restricted the issuance of the state concealed-firearm permit to individuals who were ever convicted of violating the state sodomy law.
Read more about this topic: LGBT Rights In Utah
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