Kentucky v. Wasson
Encyclopedia
Kentucky v. Wasson was a 1992 Kentucky Supreme Court
decision striking down that state's criminalization of consensual sodomy between same-sex partners, holding that this was a violation of both the equal protection of the laws and the right to privacy. The Kentucky
case helped pave the way for many other states and eventually the United States Supreme Court to issue similar rulings.
conducted by the Lexington
police
. The police drove to a selected area and conversed with men to see if they would be solicited for sex
. An undercover officer taped approximately 20 minutes of a conversation with Wasson. Near the end of the conversation Wasson invited the officer to come home with him. When prodded for details, Wasson suggested sexual activities that violated the Kentucky statute prohibiting homosexual activity. In its recitation of the facts, the Kentucky Supreme Court
noted that there "was no suggestion that sexual activity would occur anyplace other than in the privacy of Wasson's home. The sexual activity was intended to have been between consenting adults. No money was offered or solicited."
The initial trial court, Fayette District Court, dismissed the charges holding that the law was unconstitutional. Upon appeal, the Fayette Circuit Court reached the same conclusion. The Commonwealth appealed that decision. The Kentucky Supreme Court
granted a transfer, bypassing the Kentucky Court of Appeals
.
. Justice Charles M. Leibson authored the majority opinion, which noted that significantly, Kentucky has a rich and compelling tradition of recognizing and protecting individual rights from state intrusion in cases similar in nature, found in the Debates of the Kentucky Constitutional Convention of 1890 and cases from the same era when that Constitution was adopted... Kentucky cases recognized a legally protected right of privacy based on our own constitution and common law tradition long before the United States Supreme Court first took notice of whether there were any rights of privacy inherent in the Federal Bill of Rights. Asserting that "state constitutional jurisprudence in this area is not limited by the constraints inherent in federal due process analysis", the majority opinion held that the law as written and enforced "infringed upon the equal protection guarantees found in the Kentucky Constitution
."
The case was styled Commonwealth of Kentucky v. Jeffery Wasson, 842 S.W.2d 487. The decision was handed down on September 24, 1992.
The case was among the early ones to strike down same-sex sodomy laws on the grounds that such laws violated the Equal Protection doctrine. Four other states preceded Kentucky in striking down same-sex sodomy laws. New York
in New York v. Onofre
, 51 N.Y.2d 476, 434 N.Y.S.2d 947, 415 N.E.2d 936 (1980) and Pennsylvania
in Commonwealth v. Bonadio, 490 Pa. 91, 415 A.2d 47 (1980) did so on grounds similar to those cited by the Kentucky Supreme Court
. A lower appellate court in Texas
and the Wayne County Circuit Court in Michigan
had also struck down same-sex sodomy laws by that time, though neither state's highest court had yet issued such a holding. Those cases were Texas v. Morales, 826 S.W.2d 201 (Texas App., Austin 1992) and Michigan Organization for Human Rights v. Kelly, No. 88- 815820(CZ) (Wayne County Circuit Court, July 9, 1990). Citing these cases, the Kentucky court wrote: "Thus our decision, rather than being the leading edge of change, is but a part of the moving stream." In time this statement was proven correct, as other states and eventually the United States Supreme Court reached the same conclusion as Kentucky had in Wasson.
At the time, the decision - which was based solely on interpretation of the Kentucky Constitution
- was at odds with federal case law on the same subject. The United States Supreme Court had previously held in Bowers v. Hardwick
, 478 U.S. 186 (1986) that federal constitutional protection of the right of privacy was not implicated in laws penalizing homosexual sodomy. It was not until years after the Wasson case that the United States Supreme Court revisited the issue and reversed its holding in Lawrence v. Texas
.
Kentucky Supreme Court
The Kentucky Supreme Court was created by a 1975 constitutional amendment and is the state supreme court of the commonwealth of Kentucky. Prior to that the Kentucky Court of Appeals was the only appellate court in Kentucky...
decision striking down that state's criminalization of consensual sodomy between same-sex partners, holding that this was a violation of both the equal protection of the laws and the right to privacy. The Kentucky
Kentucky
The Commonwealth of Kentucky is a state located in the East Central United States of America. As classified by the United States Census Bureau, Kentucky is a Southern state, more specifically in the East South Central region. Kentucky is one of four U.S. states constituted as a commonwealth...
case helped pave the way for many other states and eventually the United States Supreme Court to issue similar rulings.
The law at issue
At that time, Kentucky law criminalized consensual sexual relations between people of the same sex, even if conducted in private. Such conduct was a misdemeanor punishable by up to 12 months in jail and a fine of up to $500. Solicitation of same was also a misdemeanor, punishable by up to 90 days in jail and a fine of up to $250.Factual background
Jeffery Wasson was arrested and charged with solicitation of same sex sodomy as the result of an undercover sting operationSting operation
In law enforcement, a sting operation is a deceptive operation designed to catch a person committing a crime. A typical sting will have a law-enforcement officer or cooperative member of the public play a role as criminal partner or potential victim and go along with a suspect's actions to gather...
conducted by the Lexington
Lexington, Kentucky
Lexington is the second-largest city in Kentucky and the 63rd largest in the US. Known as the "Thoroughbred City" and the "Horse Capital of the World", it is located in the heart of Kentucky's Bluegrass region...
police
Police
The police is a personification of the state designated to put in practice the enforced law, protect property and reduce civil disorder in civilian matters. Their powers include the legitimized use of force...
. The police drove to a selected area and conversed with men to see if they would be solicited for sex
Sex
In biology, sex is a process of combining and mixing genetic traits, often resulting in the specialization of organisms into a male or female variety . Sexual reproduction involves combining specialized cells to form offspring that inherit traits from both parents...
. An undercover officer taped approximately 20 minutes of a conversation with Wasson. Near the end of the conversation Wasson invited the officer to come home with him. When prodded for details, Wasson suggested sexual activities that violated the Kentucky statute prohibiting homosexual activity. In its recitation of the facts, the Kentucky Supreme Court
Kentucky Supreme Court
The Kentucky Supreme Court was created by a 1975 constitutional amendment and is the state supreme court of the commonwealth of Kentucky. Prior to that the Kentucky Court of Appeals was the only appellate court in Kentucky...
noted that there "was no suggestion that sexual activity would occur anyplace other than in the privacy of Wasson's home. The sexual activity was intended to have been between consenting adults. No money was offered or solicited."
The initial trial court, Fayette District Court, dismissed the charges holding that the law was unconstitutional. Upon appeal, the Fayette Circuit Court reached the same conclusion. The Commonwealth appealed that decision. The Kentucky Supreme Court
Kentucky Supreme Court
The Kentucky Supreme Court was created by a 1975 constitutional amendment and is the state supreme court of the commonwealth of Kentucky. Prior to that the Kentucky Court of Appeals was the only appellate court in Kentucky...
granted a transfer, bypassing the Kentucky Court of Appeals
Kentucky Court of Appeals
The Kentucky Court of Appeals is the lower of Kentucky's two appellate courts, under the Kentucky Supreme Court. Prior to a 1975 amendment to the Kentucky Constitution the Kentucky Court of Appeals was the only appellate court in Kentucky....
.
Kentucky Supreme Court decision
In a 4-3 ruling, the Court struck down anti-sodomy laws in effect since 1860, declaring them unconstitutional under Kentucky law with the declaration that it violated both the right to privacy and the right to equal protection under the law found in the Kentucky ConstitutionKentucky Constitution
The Constitution of the Commonwealth of Kentucky is the document that governs the Commonwealth of Kentucky. It was first adopted in 1792 and has since been rewritten three times and amended many more...
. Justice Charles M. Leibson authored the majority opinion, which noted that significantly, Kentucky has a rich and compelling tradition of recognizing and protecting individual rights from state intrusion in cases similar in nature, found in the Debates of the Kentucky Constitutional Convention of 1890 and cases from the same era when that Constitution was adopted... Kentucky cases recognized a legally protected right of privacy based on our own constitution and common law tradition long before the United States Supreme Court first took notice of whether there were any rights of privacy inherent in the Federal Bill of Rights. Asserting that "state constitutional jurisprudence in this area is not limited by the constraints inherent in federal due process analysis", the majority opinion held that the law as written and enforced "infringed upon the equal protection guarantees found in the Kentucky Constitution
Kentucky Constitution
The Constitution of the Commonwealth of Kentucky is the document that governs the Commonwealth of Kentucky. It was first adopted in 1792 and has since been rewritten three times and amended many more...
."
The case was styled Commonwealth of Kentucky v. Jeffery Wasson, 842 S.W.2d 487. The decision was handed down on September 24, 1992.
The case was among the early ones to strike down same-sex sodomy laws on the grounds that such laws violated the Equal Protection doctrine. Four other states preceded Kentucky in striking down same-sex sodomy laws. New York
New York
New York is a state in the Northeastern region of the United States. It is the nation's third most populous state. New York is bordered by New Jersey and Pennsylvania to the south, and by Connecticut, Massachusetts and Vermont to the east...
in New York v. Onofre
New York v. Onofre
The People v. Ronald Onofre, 51 N.Y.2d 476, 415 N.E.2d 936, 434 N.Y.S.2d 947 , was a 1981 appeal against New York sodomy laws, decided in the New York Court of Appeals.- Brief summary :...
, 51 N.Y.2d 476, 434 N.Y.S.2d 947, 415 N.E.2d 936 (1980) and Pennsylvania
Pennsylvania
The Commonwealth of Pennsylvania is a U.S. state that is located in the Northeastern and Mid-Atlantic regions of the United States. The state borders Delaware and Maryland to the south, West Virginia to the southwest, Ohio to the west, New York and Ontario, Canada, to the north, and New Jersey to...
in Commonwealth v. Bonadio, 490 Pa. 91, 415 A.2d 47 (1980) did so on grounds similar to those cited by the Kentucky Supreme Court
Kentucky Supreme Court
The Kentucky Supreme Court was created by a 1975 constitutional amendment and is the state supreme court of the commonwealth of Kentucky. Prior to that the Kentucky Court of Appeals was the only appellate court in Kentucky...
. A lower appellate court in Texas
Texas
Texas is the second largest U.S. state by both area and population, and the largest state by area in the contiguous United States.The name, based on the Caddo word "Tejas" meaning "friends" or "allies", was applied by the Spanish to the Caddo themselves and to the region of their settlement in...
and the Wayne County Circuit Court in Michigan
Michigan
Michigan is a U.S. state located in the Great Lakes Region of the United States of America. The name Michigan is the French form of the Ojibwa word mishigamaa, meaning "large water" or "large lake"....
had also struck down same-sex sodomy laws by that time, though neither state's highest court had yet issued such a holding. Those cases were Texas v. Morales, 826 S.W.2d 201 (Texas App., Austin 1992) and Michigan Organization for Human Rights v. Kelly, No. 88- 815820(CZ) (Wayne County Circuit Court, July 9, 1990). Citing these cases, the Kentucky court wrote: "Thus our decision, rather than being the leading edge of change, is but a part of the moving stream." In time this statement was proven correct, as other states and eventually the United States Supreme Court reached the same conclusion as Kentucky had in Wasson.
At the time, the decision - which was based solely on interpretation of the Kentucky Constitution
Kentucky Constitution
The Constitution of the Commonwealth of Kentucky is the document that governs the Commonwealth of Kentucky. It was first adopted in 1792 and has since been rewritten three times and amended many more...
- was at odds with federal case law on the same subject. The United States Supreme Court had previously held in Bowers v. Hardwick
Bowers v. Hardwick
Bowers v. Hardwick, , is a United States Supreme Court decision that upheld, in a 5-4 ruling, the constitutionality of a Georgia sodomy law criminalizing oral and anal sex in private between consenting adults when applied to homosexuals. Seventeen years after Bowers v. Hardwick, the Supreme Court...
, 478 U.S. 186 (1986) that federal constitutional protection of the right of privacy was not implicated in laws penalizing homosexual sodomy. It was not until years after the Wasson case that the United States Supreme Court revisited the issue and reversed its holding in Lawrence v. Texas
Lawrence v. Texas
Lawrence v. Texas, 539 U.S. 558 , is a landmark United States Supreme Court case. In the 6-3 ruling, the Court struck down the sodomy law in Texas and, by proxy, invalidated sodomy laws in the thirteen other states where they remained in existence, thereby making same-sex sexual activity legal in...
.