Federal law[ edit ] Sodomy laws in the United States were largely a matter of state rather than federal jurisdiction, except for laws governing the District of Columbia and the U. District of Columbia[ edit ] In , Congress enacted the District of Columbia Organic Act of that continued all criminal laws of Maryland and Virginia in the now formally structured District, with those of Maryland applying to that portion of the District ceded from Maryland, and those of Virginia applying to that portion ceded from Virginia.
At the time, Maryland had a sodomy law applicable only to free males with a punishment of "labour for any time, in their discretion, not exceeding seven years for the same crime, on the public roads of the said county, or in making, repairing or cleaning the streets or bason [sic] of Baltimore-town" and the death penalty for slaves committing sodomy, while Virginia had a penalty of 1—10 years for free persons committing sodomy, but had the death penalty for slaves committing sodomy.
The law went into effect on February 27, It specified that "every other felony, misdemeanor, or offence not provided for by this act, may and shall be punished as heretofore[. It went into effect in March 2, The law went into effect on July 29, The law went into effect on July 8, The law went into effect on March 3, Also included with this sodomy law was a psychopathic offender law and a law "to provide for the treatment of sexual psychopaths in the District of Columbia, and for other purposes.
The law went into effect on June 29, House exercised the power that it retained to veto laws passed by the District of Columbia Council. On October 1, , the House voted to disallow the new law.
Supreme Court in the case of Immigration and Naturalization Service v. Chadha, but the law was repealed by an act of Congress in a revision to the home-rule law required by the Supreme Court decision.
This included a revision of the Articles of War of , the new regulations detail statutes governing U. Under the category Miscellaneous Crimes and Offences, Article 93 states that any person subject to military law who commits "assault with intent to commit sodomy" shall be punished as a court-martial may direct. It was changed to make the act of sodomy itself a crime, separate from the offense of assault with intent to commit sodomy.
Truman , and became effective on May 31, Article forbids sodomy among all military personnel, defining it as "any person subject to this chapter who engages in unnatural carnal copulation with another person of the same or opposite sex or with an animal is guilty of sodomy. Penetration, however slight, is sufficient to complete the offence. Texas decision applies to Article , severely narrowing the previous ban on sodomy. In both United States v. Stirewalt and United States v. Marcum , the court ruled that the "conduct [consensual sodomy] falls within the liberty interest identified by the Supreme Court,"  but went on to say that despite the application of Lawrence to the military, Article can still be upheld in cases where there are "factors unique to the military environment" that would place the conduct "outside any protected liberty interest recognized in Lawrence.
Convictions for consensual sodomy have been overturned in military courts under Lawrence in both United States v. Meno  and United States v. Texas[ edit ] Below is a table of sodomy laws and penalties in U. It also indicates the year and method of repeal or strikedown.