Doe v. Commonwealth's Atty. for City of Richmond

BRYAN, Senior Circuit Judge:

Virginia’s statute making sodomy a crime is unconstitutional, each of the male plaintiffs aver, when it is applied to his active and regular homosexual relations with another adult male, consensually and in private1 They assert that local State officers threaten them with prosecution for violation of this law, that such enforcement would deny them their Fifth and Fourteenth Amendments’ assurance of due process, the First Amendment’s protection of their rights of freedom of expression, the First and Ninth Amendments’ guarantee of privacy, and the Eighth Amendment’s…