As Spanish, French, Dutch, and English colonists began to settle North America during the 17th century, they brought with them a catalog of highly specific laws proscribing various sexual acts. The purpose of all of these laws was to enforce monogamous, same-race, heterosexual marriage as a mandatory institution, and to punish any and all sexual activity outside of that institution. Ever since then, laws restricting the civil liberties of sex have followed more or less the same old trajectory.
Adultery Laws
Adultery has been illegal since the colonial era, and is still technically illegal in 26 states (though such laws are unenforced). In 17th-century colonial Massachusetts, it was punishable by death. Today, adultery holds legal status only as possible grounds for divorce and, in rare cases, other civil litigation.Fornication and Cohabitation
Fornication (heterosexual sex outside of marriage) and cohabitation ("shacking up") remain technically illegal in some states, but such laws are not enforced and in many cases have been explicitly declared unconstitutional by state supreme courts. Today, both practices are essentially ubiquitous in the United States and could not realistically be punished under the criminal code.Interracial Relationships
American laws against "miscenegation" (interracial sex and marriage) date back to at least 1630, when Jamestown colonist Hugh Davis was flogged "for abusing himself to the dishonor of God and shame of Christianity by defiling his body in lying with a negro." The Supreme Court declared miscenegation laws constitutional in Pace v. Alabama (1883), but later overturned all miscenegation laws in Loving v. Virginia (1967).Same-Sex Relationships
In 1566, a French interpreter known only as Guillermo was executed by Spanish authorities under sodomy statutes for living, and having sexual relations, with an American Indian man. Sodomy, or "buggery," laws remained on the books in most states until the Supreme Court overturned them in Lawrence v. Texas (2003), declaring them to amount to an unconstitutional breach of privacy. It remains illegal, in most states, for members of the same sex to get married.Pornography and Obscenity
In recent years, the Supreme Court has consistently ruled that the government cannot prosecute based on possession of pornography (with the obvious exception of child pornography), though it can regulate distribution and sale of obscene material. In the past, obscenity laws were extremely broad and often covered literary works now regarded as classics.Sex Toys
Alabama, Georgia, Mississippi, and Texas all have laws prohibiting the sale of "marital aids"--contraptions designed to help users achieve sexual gratification, with or without a partner--but these laws are not consistently enforced. South Carolina attempted to pass a similar law earlier this year, but it appears that it has died in conference.Prostitution
Street prostitution is illegal throughout the United States, and brothels are illegal in every state except Nevada. Laws against prostitution are enforced with varying degrees of consistency, and (judging by the sheer number of prostitutes in any given major city) with limited success.Comprehensive Sex Education vs. the Abstinence-Only Movement
In order to prevent the spread of STDs and reduce the unplanned pregnancy rate, health advocates recommend that public schools teach comprehensive sex education classes that emphasize use of condoms and other forms of contraception. Many religious conservatives see this policy as one that encourages sex, and prefer that the government fund abstinence-only programs that discourage use of contraception. According to a recent study, 87% of these programs contain inaccurate information.Reproductive Rights
The most controversial sex-related government policies deal with the standard unintended side effect of heterosexual sex: pregnancy. Many public officials have attempted to reduce access to birth control, and to delay and deter distribution of emergency contraception, as much as possible. Women who do not have access to these options are more likely to become pregnant and need abortions, which have long been subject to varying degrees of restriction.
