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By LAURA DOUGLAS-BROWN Attorneys hope a legal case involving two heterosexual teens caught in a sexual act by one of their mothers will end up overturning a Georgia law that makes all sexual relationships between unmarried people -- including all gay sex -- illegal.
The Georgia Supreme Court should strike down the states ban on fornication, the law used to convict the Clayton County teen, the ACLU of Georgia argued in an appeal filed June 25.
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According to Georgia Code 16-6-18, "an unmarried person commits the offense of fornication when he voluntarily has sexual intercourse with another person and, upon conviction thereof, shall be punished as for a misdemeanor." The law effectively bans all sexual acts outside of heterosexual marriage, leaving gays with no way to legally consummate their relationships, according to Beth Littrell, the ACLUs lead attorney on the case.
"On its face, the law only differentiates between married and unmarried persons," Littrell said.
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Our argument was that this was another one of those "problems" that could surface when you least expect it.
In other words, the age of consent in Georgia doesn't matter -- it only matters if you are married or not. Have you ever noticed that legislators never remove bad laws -- they just stay on the books.