Utah, county sued over sodomy law
Man says he has been damaged by fear of prosecution
The individual, identified only as D.A.R., filed suit this week in 3rd District Court against Gov. Olene Walker, Attorney General Mark Shurtleff and Salt Lake County District Attorney David Yocom, as well as the state of Utah.
Brian Barnard, the man's attorney, said his client is not seeking monetary damages but seeks to avoid criminal prosecution for past and future conduct. "Plaintiff's fears of prosecution are real," the suit said.
The complaint says D.A.R., who is not married, has engaged in oral sex with a female who is older than 17 in heterosexual, private, noncommercial and consensual actions. He claims, however, that Utah's sodomy law criminalizing his sexual activity violates his constitutional privacy rights, along with his right to expression, which is protected under the First Amendment.
D.A.R. wants the courts to determine what his rights and responsibilities are under the U.S. and Utah constitutions.
"Plaintiff's fear of criminal prosecution has inhibited the plaintiff's ability to communicate and to pursue and further intimate personal relationships," the suit said. "A sexual act . . . is a direct and effective method of communicating love, affection, feeling and emotion."
The document said D.A.R. has suffered harm because his conduct has been restrained or inhibited "by the existence of and fear of criminal prosecution."
Barnard previously filed suit on behalf of another client in a similar case, but that was dismissed in October by the Utah Court of Appeals, which said the man in that case did not have any damages from his fear of being prosecuted.
The appeals court based its ruling in part on the fact that the man in that case had not been charged with breaking any laws, as well as Shurtleff's promise not to use the law to prosecute anyone.
A recent U.S. Supreme Court ruling struck down a Texas sodomy law.
E-mail: lindat@desnews.com
Comments
- Attempted murder case refiled 1:58 a.m.
- Sports on the air 1:38 a.m.
- This weekend on TV 1:38 a.m.
- Birthdays for Saturday, July 11 1:38 a.m.
- 2 men cited on LDS plaza 1:37 a.m.
- S.L. man spots stolen car — his 1:23 a.m.
- Girl critical after run-in with train 1:23 a.m.
- Probe of death treated as slaying 1:22 a.m.
- Taylorsville man arrested in robbery 1:21 a.m.
- HBO defends U. logo use in 'Love' 1:20 a.m.
- Jazz brass debate Millsap match
- LDS seminary principal arrested
- Reactions on Boozer speculation
- 2 men cited on LDS plaza
- Teacher faces new sex charges
- Jazz talking Boozer trade?
- Jazz finances not quite so bleak
- HBO defends U. logo use in 'Love'
- Jazz down Oklahoma City
- Twitter lets fans communicate, interact
- LDS seminary principal arrested
160 - Bronco collecting a galaxy of recruits
141 - Jazz talking Boozer trade?
136 - Blazers may offer Millsap a contract
123 - Jazz brass debate Millsap match
99 - Stadium of Fire flag burning was fake
94 - Fairness of BCS debated
81 - Chaffetz eyes challenging Bennett
74 - Letters: Single-payer system best
72 - Services bids farewell to Jackson
70
As more and more dads are put out of work in this economy, I've been...
The photographs are mysterious, brooding, dark. They show dimples and...
I love Millsap, and the Jazz will find a way to move Boozer and match for...
i think its childish to assume that somebody would actually want to get...
Millsap and Boozer need to stay in Utah. Millsap is Boozers backup while he...
Childish and immature? Its always easier being ignorant and presuming things...
can you use words like testimony and church leadership to critisize a...
Bro P really helped me through a tough time in my life when I had him in...
These are only allegations at present, but I hope when he goes to trial, the...
My thoughts are with the Pratt family right now. Michael I hope you are...
It is interesting that everyone who seems to be a member comments on how nice...
You presume, simply because they were gay, that they were trying to "stir...


You can be the first to comment on this story.