Texas: Striking Down Sodomy Laws as Unconstitutional Sodomy laws were a way to prosecute any sex act other than vaginal intercourse, whether consensual or not. Sodomy laws prohibited non-procreative behavior with anyone. Rape laws criminalized vaginal intercourse with a woman who was not your wife. However, historically, there were basically two kinds of sex crimes: rape and sodomy. Today, laws against sex crimes prohibit all kinds of forcible acts, as well as sexual behavior against people who do not or cannot consent (such as children and people who lack the mental capacity to give meaningful consent). Sometimes, sodomy laws also prohibit bestiality (sex with animals). Laws differ on whether sodomy includes digital penetration and cunnilingus. Sodomy can also be more broadly defined to include any sexual penetration aside from vaginal intercourse, including oral and anal sex, whether between two men or two women or a man and a woman. The narrow definition of sodomy might include only anal sex between two men. Sexual acts that fall within the definition of sodomy can vary quite a bit.

While prosecutions for acts performed in private were generally rare, the existence of sodomy laws was used to justify discrimination based on a person's sexual orientation.

Historically, many states criminalized sodomy-acts of anal or oral sex-even when those acts were performed in private between two consenting adults. Supreme Court declared sodomy laws unconstitutional.

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