Although the winds of change have created some ripples, the ancient crime of sodomy remains on the books in Nebraska and forty-six other states despite repeated attacks by commentators and renunciation by the Model Penal Code. Reinforced by Scripture and public sensibilities, sodomy statutes resisted constitutional attack until 1969, when the United States District Court for the Northern District of Texas in the case of Buchanan v. Batchelor found the Texas sodomy statute, essentially similar to those of almost all other jurisdictions, unconstitutional, and enjoined its enforcement.
II. The Prelude to Buchanan
III. The Buchanan Decision
IV. Implications of Buchanan
John F. Simmons,
Constitutional Law—Sodomy Statutes: The Question of Constitutionality: Buchanan v. Batchelor, 308 F. Supp. 729 (N.D. Tex. 1970),
50 Neb. L. Rev. 567
Available at: http://digitalcommons.unl.edu/nlr/vol50/iss3/8