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Virginia Gubernatorial Candidate ken Cuccinelli’s attempt to keep the state’s illegal sodomy law took another blow yesterday. The Washington Blade reports:
U.S. Chief Justice John Roberts on Friday denied a request by Virginia Attorney General Ken Cuccinelli that a lower court ruling overturning the state’s sodomy law be put on hold while the Supreme Court decides whether to hear Cuccinelli’s appeal. Roberts, acting on behalf of the full court, did not issue an explanation for his denial of the request for a stay of a decision in March by the Fourth Circuit U.S. Court of Appeals in Richmond that declared Virginia’s Crimes Against Nature, or sodomy law, unconstitutional. Cuccinelli asked the high court to put a stay on the Fourth Circuit ruling shortly after he filed a petition asking the Supreme Court to hear his appeal of the ruling. The high court was expected to decide later this year or early next year whether to hear the case.
The law was invalidated in 2003 by the US Supreme Court in the Bowers v. Hardwick case, but the Cooch insists on keeping Virginia’s law on the books.
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