Aldo Mario Lovisi and Margaret Lovisi v. A. E. Slayton, Jr., Superintendent, Leake Parrish, Superintendent

HAYNSWORTH, Chief Judge.

The petitioners in this habeas corpus proceeding, Aldo and Margaret Lovisi, husband and wife, were convicted in the state court of sodomy with each other in violation of Va.Code Ann. § 18.1-212.1 They challenged the constitutionality of the statute, as applied to them, through the state court system and then sought federal habeas corpus relief. After a hearing, the. district judge concluded that the Lovisis had waived their constitutional right to privacy in their marital conduct and, consequently, their right to contest their state convictions of sodomy with one…