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Virginia Attorney General Ken Cuccinelli has lost his bid to delay a lower court ruling that struck down the state's anti-sodomy law while the U.S. Supreme Court considers whether to hear his appeal. Chief Justice John Roberts is denying the request for a stay.
Back in March, a divided three-judge panel of the 4th U.S. Circuit Court of Appeals in Richmond declared Virginia's law against oral and anal sex unconstitutional.
Cuccinelli appealed the ruling in June, and later asked the justices to issue the stay.
His request was opposed by attorneys for a man who was convicted under Virginia's so-called crimes against nature law. On The Kojo Nnamdi Show, Republican Attorney General candidate Mark Obenshain suggested there may be a legislative fix that would allow prosecutors to keep the ability to go after child predators without running afoul of the Constitution.
"There is a likelihood that the entire statute is going to be held unconstitutional," Obenshain said. "It may be that we have to craft an entirely different statute."
That will have to wait until the General Assembly reconvenes in January.