Noah Arbit, is the gay founder and chair of the Michigan Democratic Jewish Caucus. Here, he speaks during a rally in support of Gov. Whitmer on Thursday, Oct. 8, 2020, at the Capitol in Lansing.
The Michigan House Criminal Justice Committee just passed a piece of legislation that would repeal a so-called “zombie” law that criminalizes sodomy, something that was made legally unenforceable by the Supreme Court in the 2003 case Lawrence v. Texas.
Eight Democrats voted in support of the legislation, with two Republicans opposing it and two more opting not to vote. The bill will be sent to the state House for an additional vote, will then go to the Senate and, if it passes there, to Gov. Gretchen Whitmer’s desk. She is a Democrat.
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According to state Rep. Noah Arbit (D), who introduced this bill, “Despite repeated attempts to do so, the legislature has never repealed Michigan’s so-called sodomy ban, permitting a zombie law that insults the constitutional rights of Michiganders to remain on the books.”
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Sodomy laws have historically been used to target gay couples as an attempt to criminalize sex. The law is especially significant in the modern climate as there is a new risk that the U.S. Supreme Court may repeal the Lawrence ruling, similar to how Roe v. Wade — the ruling legalizing abortion — was overturned last year.
State Rep. Josh Schriver (R) has openly said that gay marriage should be made “illegal again” on social media.
The current sodomy law on the books prohibits “abominable and detestable crime against nature either with mankind or with any animal.” The repeal would keep the provisions outlawing bestiality, while removing the on-the-books provision against anal sex.
When the sodomy law was enforceable, violations were punishable by up to 15 years in prison, and or individuals with a prior sexual assault offense could face life imprisonment.
“It is imperative that Michigan does not have a criminal ban on the books that could be used to target and criminalize people across Michigan,” Arbit said. “Because the moment Lawrence is overturned this statute is once again good law and any individual engaging in this conduct could theoretically be arrested and charged.”
Last year, Michigan lawmakers voted to enact anti-discrimination measures to protect LGBTQ+ people. These measures explicitly outlined sexual orientation and gender identity as protected classes.
The two state representatives who voted against the bill were Republican Reps. Brian Begole and Bob Bezotte. While Bezotte has declined to explain the rationale behind his vote, Begole said, “My vote was intended to send a message. I just don’t believe the majority of Michigan citizens feel this legislation is a priority right now. Many people have bigger problems right now that they need help with.”
State Rep Graham Filler (R) passed on the vote due to not having enough time to read any of the proposed votes beforehand, as they were introduced the night before.
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