South Carolina's Governor Sanford Admits Extramarital Affair

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Vendetta
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Re: South Carolina's Governor Sanford Admits Extramarital Affair

Post by Vendetta »

Darth Wong wrote:
Vendetta wrote:The crowning thing now would be for him to admit to having committed adultery in his home state of South Carolina.

Which is illegal, and carries up to six months in prison.

Mark Sanford signed that into law, by the way.
What the hell kind of brain-damaged Bible thumping population actually approves of making it such a harsh criminal offense to commit adultery? Just how fundie is SC anyway?
It's not just adultery either. All sex outside of marriage is a crime in South Carolina.
South Carolina Code of Laws wrote: SECTION 16-15-60. Adultery or fornication.

Any man or woman who shall be guilty of the crime of adultery or fornication shall be liable to indictment and, on conviction, shall be severally punished by a fine of not less than one hundred dollars nor more than five hundred dollars or imprisonment for not less than six months nor more than one year or by both fine and imprisonment, at the discretion of the court.

SECTION 16-15-70. "Adultery" defined.

"Adultery" is the living together and carnal intercourse with each other or habitual carnal intercourse with each other without living together of a man and woman when either is lawfully married to some other person.

SECTION 16-15-80. "Fornication" defined.

"Fornication" is the living together and carnal intercourse with each other or habitual carnal intercourse with each other without living together of a man and woman, both being unmarried.
Oh, and as a bonus, it's illegal for atheists to hold any state office in South Carolina.
South Carolina State Constitution wrote: (Article VI)

SECTION 2. Person denying existence of Supreme Being not to hold office.

No person who denies the existence of the Supreme Being shall hold any office under this Constitution. (1972 (57) 3181; 1973 (58) 83.)
So yes, it's actually a theocracy there.
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Re: South Carolina's Governor Sanford Admits Extramarital Affair

Post by Samuel »

South Carolina decided to seceede from the union... TWICE. They founded confederate culture.
The American Civil War started in South Carolina- Fort Sumter was based there. The previous time they threatened to secede in 1832 over tariffs and were only stopped by Andrew Jackson threating to hang the lot of them and backing his threat up with the army.
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Re: South Carolina's Governor Sanford Admits Extramarital Affair

Post by Darth Wong »

So it's actually illegal for a gay couple in SC to have sex? Has anyone tried challenging this?
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Re: South Carolina's Governor Sanford Admits Extramarital Affair

Post by Steve »

....if you were a gay couple in SC, would you publicly admit to having sex together knowing that law is on the books and thus opening yourselves to being sent to jail for 6-12 months?

Because IIRC, to challenge a law requires you to be involved in its application. Like that sodomy law in Texas that got repealed by SCOTUS, it was repealed because a gay couple was charged with that law and they challenged it up to the SCOTUS.
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Re: South Carolina's Governor Sanford Admits Extramarital Affair

Post by Knife »

Steve wrote:....if you were a gay couple in SC, would you publicly admit to having sex together knowing that law is on the books and thus opening yourselves to being sent to jail for 6-12 months?

Because IIRC, to challenge a law requires you to be involved in its application. Like that sodomy law in Texas that got repealed by SCOTUS, it was repealed because a gay couple was charged with that law and they challenged it up to the SCOTUS.
Actully I would expect some gay couple with STANDING to indeed sue the government over it.
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Re: South Carolina's Governor Sanford Admits Extramarital Affair

Post by General Zod »

Knife wrote:
Steve wrote:....if you were a gay couple in SC, would you publicly admit to having sex together knowing that law is on the books and thus opening yourselves to being sent to jail for 6-12 months?

Because IIRC, to challenge a law requires you to be involved in its application. Like that sodomy law in Texas that got repealed by SCOTUS, it was repealed because a gay couple was charged with that law and they challenged it up to the SCOTUS.
Actully I would expect some gay couple with STANDING to indeed sue the government over it.
The problem is they have to be aware of its existence first. Which unfortunately usually means being charged with it.
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Re: South Carolina's Governor Sanford Admits Extramarital Affair

Post by Pint0 Xtreme »

Darth Wong wrote:So it's actually illegal for a gay couple in SC to have sex? Has anyone tried challenging this?
If I'm not mistaken, there are a number of states that may still have sodomy laws on their books but they are never enforced since doing so would end with their repeal since SCOTUS struck down such laws in 2003.
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Re: South Carolina's Governor Sanford Admits Extramarital Affair

Post by CmdrWilkens »

Pint0 Xtreme wrote:
Darth Wong wrote:So it's actually illegal for a gay couple in SC to have sex? Has anyone tried challenging this?
If I'm not mistaken, there are a number of states that may still have sodomy laws on their books but they are never enforced since doing so would end with their repeal since SCOTUS struck down such laws in 2003.
The other theory is that on the books or not the SCOTUS repeal sets precedent for all states and thus the law is nt valid even if it remains on the books. Liekwise the theocracy law would, if ever tested, likely run afoul of articel VI of the US Constitution either directly or through the 14th amendment.
The Senators and Representatives before mentioned, and the members of the several state legislatures, and all executive and judicial officers, both of the United States and of the several states, shall be bound by oath or affirmation, to support this Constitution; but no religious test shall ever be required as a qualification to any office or public trust under the United States.
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