Constitutional Law—Sodomy Statutes: The Question of Constitutionality: Buchanan v. Batchelor, 308 F. Supp. 729 (N.D. Tex. 1970)

Authors

John F. Simmons, University of Nebraska College of LawFollow

Abstract

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.

I. Introduction

II. The Prelude to Buchanan

III. The Buchanan Decision

IV. Implications of Buchanan

Recommended Citation

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 (1971)
Available at: https://digitalcommons.unl.edu/nlr/vol50/iss3/8