Virginia law against unmarried sex overturned

Another legal ruling expanded sexual freedom this month, mostly symbolic but welcome nonetheless. Singles' Sex No Longer a Va. Crime.

The state Supreme Court yesterday struck down as unconstitutional a 19th-century Virginia law making it a crime for unmarried couples to have sex.

"We find no principled way to conclude . . . that the Virginia statute criminalizing intercourse between unmarried persons does not improperly abridge a personal relationship that is within the liberty interest of persons to choose," said the decision, written by Justice Elizabeth B. Lacy.

The ruling strikes down a law criminalizing fornication as a Class 4 misdemeanor punishable by a fine of up to $250. The law had been on the books since the early 1800s but has not been enforced against consenting adults since 1847, lawyers said. The court based yesterday's ruling on a 2003 U.S. Supreme Court decision overturning an anti-sodomy law in Texas.

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