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DOE v. COMMONWEALTH'S ATTY. FOR CITY OF RICHMOND

Civ. A. No. 74-0025-R.

403 F.Supp. 1199 (1975)

John DOE et al., Plaintiffs, v. COMMONWEALTH'S ATTORNEY FOR CITY OF RICHMOND et al., Defendants.

United States District Court, E. D. Virginia.

October 24, 1975.

Attorney(s) appearing for the Case

John D. Grad, Alexandria, Va. (Philip J. Hirschkop), Alexandria, Va., for plaintiffs.

Robert E. Shepherd, Jr., Asst. Atty. Gen. (Andrew P. Miller, Atty. Gen.), Richmond, Va., for defendants.

Before BRYAN, Senior Circuit Judge, LEWIS, Senior District Judge, and MERHIGE, District Judge.

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 private.1 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...

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