4th Circuit panel: Virginia anti-sodomy law unconstitutional in solicitation of minor case

NBC: Appeals Court Strikes Down Virginia Anti-Sodomy Law
In Virginia, William Scott MacDonald was convicted of criminal solicitation for allegedly ordering another person under age 18 to commit a felony. In his case, that felony was oral sex.

MacDonald v. Moose, No. 11-7427 (4th Cir. March 12, 2013)
We herein use the term “anti-sodomy provision” to refer to the foregoing portion of section 18.2-361(A).2 As explained below, we are constrained to vacate the district court’s judgment and remand for an award of habeas corpus relief on the ground that the anti-sodomy provision facially violates the Due Process Clause of the Fourteenth Amendment.