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Cuccinelli Asks Supreme Court To Void Lower Court Ruling On Anti-Sodomy Law

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Virginia's Attorney General is asking the U.S. Supreme Court to overturn a lower court's ruling that struck down the commonwealth's anti-sodomy law.

In a petition filed Tuesday, Attorney General Ken Cuccinelli claims the three-judge panel of the Fourth U.S. Circuit Court of Appeals misinterpreted the scope of a Supreme Court decision that invalidated a similar Texas law.

The attorney general's office argues the landmark Supreme Court's landmark Lawrence v. Texas decisions applied only to sex acts involving adults, not those between an adult and a minor.

Rusty McGuire, the commonwealth's Attorney for Louisa County, says the Virginia anti-sodomy law is the foundation of how his office prosecutes child sex predators.

"The way laws are written, they don't always write out every text, every little letter. They refer to other code sections. If you look at the code section for internet solicitation, it says solicitation in violation of 18.2-3-61. If it is unconstitutional, you can't go after Internet predators either," he says.

The attorney general's petition argues that it the appeals court decision is not reversed, nearly 90 people may be eligible to have their names removed from Virginia's sex offender registry.

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