On December 22, 2021, the American Civil Liberties Union of South Carolina, along with co-counsel Matthew Strugar, filed a federal lawsuit challenging South Carolina Law Enforcement Division’s enforcement of an unconstitutional anti-sodomy statute.
In 2003, the United States Supreme Court ruled in Lawrence v. Texas that the government has no right to criminalize private intimate relationships between consenting adults., a watershed moment in the LGBTQ+ struggle for equal rights and protections. However, in 2021—over eighteen years later—South Carolina continued to require individuals convicted of “Buggery,” a law which was nearly identical to those deemed unconstitutional in Lawrence v Texas, to register as sex offenders in South Carolina. One of these individuals was Plaintiff, John Doe, who was required to register as a sex offender since 2001 when he was “convicted” of having consensual sex with another man.
As a result of his status of a registered sex offender, John Doe was subjected to many penalties and burdens that severely harmed his day-to-day activities and relationships. In addition to being required to register in person twice a year, he was required to notify the county sheriff’s office of any change in employment or residence, and his name and record were published on publicly accessibly websites exposing him to profound humiliation and ridicule from his community.
Why this case?
South Carolina’s refusal to remove John Doe and other individuals similarly convicted of having consensual sex with a member of the same sex under “Buggery” laws is a violation of the 14th Amendment’s guarantee to due process and equal protection. Gay individuals have the same right to intimate relationships as their heterosexual counterparts. However, it is also a matter of protection of the dignity and humanity of those who have unjustly been criminalized for loving who they chose and living authentically.
The latest
On April 22, 2022, the District Court of Columbia granted a motion to settle the case. Under the settlement, John Doe and all other individuals convicted of “Buggery” between consenting adults were removed from the South Carolina Sex Offender Registry. This marked a meaningful victory for LBGT+ rights and was a step toward reaffirming both the dignity of those affected and the constitutional right to privacy for consenting, legal adults.