Cecily Zamora
Sodomy laws, inherited from colonial-era laws, have been enforced in various countries and states to criminalize sexual activities, particularly those of the LGBTQ+ community. While the precise sexual acts constituting sodomy are often undefined in legal texts, they are generally understood to include oral, anal, and manual sex, as well as bestiality. In 2003, the United States Supreme Court's decision in Lawrence v. Texas invalidated state sodomy laws, yet some states continue to have these laws on record, and law enforcement has been accused of using them to harass citizens. Globally, as of April 2025, 63 countries have laws criminalizing same-sex sexual activity, with varying degrees of enforcement and penalties. The existence and enforcement of sodomy laws have been subject to ongoing debates and legal challenges, with a focus on protecting the rights and liberties of consenting adults.
| Characteristics | Values |
|---|---|
| Number of countries with laws criminalizing sexual activity between individuals of the same sex | 63 |
| Number of countries with laws criminalizing sexual activity between individuals of the same sex in 2006 | 92 |
| Number of countries out of 63 that criminalize sexual activity between women of the same sex | 40 |
| Number of countries or colonies that never had Western-style sodomy-related laws | 7 |
| Number of countries or colonies in East and Southeast Asia that never had Western-style sodomy-related laws | 4 |
| Number of countries in Europe, North America, and South America that have repealed or struck down sodomy-related laws | All except 4 |
| Number of Caribbean Island countries with sodomy-related laws | 4 out of 13 |
| Number of countries in Africa, some parts of Asia, and Oceania with sodomy-related laws | Unspecified |
| Number of U.S. states with sodomy laws invalidated by the Supreme Court's 2003 decision in Lawrence v. Texas | 14 |
| Number of U.S. states with sodomy laws in 2015 | 12 |
| Number of U.S. states with sodomy laws specifically targeting same-sex relationships | 3 |
| Maximum penalty for violating sodomy laws in Idaho | Life sentence |
| Maximum penalty for violating sodomy laws in Michigan | 15 years' imprisonment |
| Penalty for voluntarily committing carnal intercourse against the order of nature in Malaysia | Up to 20 years' imprisonment and whipping |
| Penalty for committing carnal intercourse against the order of nature without consent in Malaysia | Minimum of 5 years' imprisonment and whipping |
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What You'll Learn
Sodomy laws in the US
Sodomy laws in the United States have a long history, dating back to the colonial era when European nations brought their pre-existing sodomy laws, which included capital punishment, to the Americas. Over time, the various state legislatures abolished the use of capital punishment for those convicted under sodomy laws, with South Carolina being the last state to do so in 1873.
In the mid-to-late 20th century, there was a gradual decriminalization of consensual sexual acts, leading to the elimination of anti-sodomy laws in most U.S. states. However, some states continued to enforce their sodomy laws selectively, with varying penalties depending on the jurisdiction. For example, Idaho had the harshest penalty, where a person convicted of sodomy could face a life sentence, while Michigan had a maximum penalty of 15 years' imprisonment.
On June 26, 2003, the United States Supreme Court struck down the statutes criminalizing consensual sodomy in Lawrence v. Texas, invalidating the sodomy laws in 14 states, 1 US territory, and the Uniform Code of Military Justice. This decision brought legislation more in line with contemporary sexual norms and demonstrated increased acceptance of gay citizens.
Despite this progress, as of 2023, sodomy laws remain in 12 states, and efforts to remove them have faced new challenges following the Supreme Court's decision to overturn Roe v. Wade. The continued existence of these rarely enforced laws is often cited as justification for discrimination against the LGBTQ+ community.
While sodomy laws are no longer widely enforced in the US, their legacy persists, and they continue to impact the lives of LGBTQ+ individuals, highlighting the ongoing struggle for equal rights and protection under the law.
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Sodomy laws in other countries
Sodomy laws have been repealed or struck down in all of Europe, North America, and South America, except for Grenada, Guyana, Jamaica, and Saint Lucia. In Guyana, male homosexual acts could theoretically result in life imprisonment, although the legislation is not enforced. In Barbados, same-sex and different-sex anal and oral sex were criminalised under the Sexual Offences Act until a 2022 ruling by the Barbados High Court struck down these laws. Botswana repealed its sodomy laws in 2019. In Africa, male homosexual acts remain punishable by death in Mauritania and some parts of Nigeria and Somalia. In Ethiopia, same-sex activity is criminalised and can be punished by up to 15 years to life imprisonment. Male homosexual acts are also punishable by life imprisonment in Tanzania, Uganda, and Zambia. In Asia, male homosexual acts are punishable by death in Afghanistan, Iran, Qatar, Saudi Arabia, the United Arab Emirates, and Yemen.
Sodomy laws have never been implemented in Taiwan, the People's Republic of China, North Korea, South Korea, Poland, or Vietnam. Male homosexual acts have been legal in the French Empire since 1791, including in Vietnam, Laos, and Cambodia, which were part of the French colony of Indochina. Israel inherited its sodomy law from the British Mandate of Palestine but repealed it in 1988. New Zealand inherited the United Kingdom's sodomy laws in 1854 but repealed them in 1986. Same-sex sexual activity between men has been legal in Norway since 1972.
While the number of countries with laws criminalising same-sex sexual activity has decreased from 92 in 2006 to 63 in 2025, along with 3 sub-national jurisdictions, there are still parts of the world where sodomy remains a crime. This includes some regions in Africa, Asia, Oceania, and the Caribbean Islands.
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History of sodomy laws
Sodomy laws, which criminalise sexual acts considered "illegal, illicit, unlawful, unnatural and immoral", have a long history. In Europe, the 11th and 12th centuries saw the emergence of a \"persecuting society", targeting various groups deemed to threaten purity, including "sodomites". Intolerance of same-sex acts appears to have intensified in the Roman Empire in the late 4th century, with Emperor Theodosius ordering that male prostitutes be publicly burned. Starting in the 13th century, the Roman Catholic Church launched a campaign against homosexual activity, and by the end of that century, homosexual activity was criminalised in most of Europe.
During the colonial era, various European nations brought their sodomy laws, which included capital punishment, to the Americas. In 1533, England introduced the Buggery Act, making buggery punishable by hanging. This penalty was not lifted until 1861. In the 19th century, various state legislatures in the US passed legislation ending capital punishment for those convicted under sodomy laws, with South Carolina being the last state to repeal the death penalty for sodomy in 1873.
In the 20th century, there was a gradual decriminalisation of consensual sexual acts in the US, leading to the elimination of anti-sodomy laws in most states. Illinois became the first state to remove criminal penalties for consensual sodomy in 1961, followed by Connecticut in 1971, and 19 other states in the 1970s. In 1986, the Supreme Court upheld the constitutionality of sodomy laws in Bowers v. Hardwick. However, in 2003, the Supreme Court reversed this decision with Lawrence v. Texas, invalidating state sodomy laws. Despite this, as of 2024, 12 states still had laws against consensual sodomy, and globally, 63 countries and 3 sub-national jurisdictions criminalise sexual activity between individuals of the same sex.
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How sodomy laws are enforced
Sodomy laws are rarely spelled out in detail, but they are generally understood to refer to specific sexual acts deemed illegal, illicit, unlawful, unnatural, or immoral. This typically includes anal sex, oral sex, manual sex, and bestiality. While these laws often target same-sex sexual activities, they can also be applied to outlaw certain heterosexual acts.
The enforcement of sodomy laws has varied across different regions and historical contexts. In the United States, early sodomy laws were inherited from colonial-era laws of the United Kingdom in the 17th century. During the 19th century, state legislatures began to repeal the death penalty for violations of sodomy laws, with South Carolina being the last state to do so in 1873. By the mid to late 20th century, most U.S. states had eliminated anti-sodomy laws through gradual decriminalization of consensual sexual acts. However, in 2003, there were still 14 states with sodomy laws, including Alabama, Florida, Idaho, Kansas, Louisiana, and Michigan. Idaho had the harshest penalties, with a conviction of sodomy punishable by a life sentence.
In some cases, sodomy laws are enforced through police raids on gay bars and bathhouses, as well as entrapment policies and sting operations targeting the LGBTQ+ community. Additionally, these laws can be used as a pretext to target individuals or groups that law enforcement deems undesirable. For example, police may assume that two gay men are engaging in oral or anal sex or use the allegation of sodomy as a reason to search an individual's home.
In other parts of the world, the enforcement of sodomy laws varies. For example, in Israel, while sodomy laws were inherited from the British Mandate of Palestine, they were never enforced against homosexual acts between consenting adults in private. These laws remained in the penal code until 1988 when they were formally repealed. In contrast, in Malawi, anti-homosexuality laws inherited from Britain are still enforced, and individuals have been charged and sentenced to prison based on their same-sex relationships. As of April 2025, 63 countries and 3 sub-national jurisdictions have laws criminalizing same-sex sexual activity.
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Penalties for breaking sodomy laws
The penalties for breaking sodomy laws vary widely depending on the jurisdiction. Sodomy laws are sometimes enforced using Section 377 of the Penal Code, which prohibits "carnal intercourse against the order of nature". In Malaysia, for example, punishment for voluntarily committing carnal intercourse against the order of nature can be up to twenty years' imprisonment and whipping, while punishment for committing the same offence without consent is punished by no less than five years' imprisonment and whipping.
In the United States, the penalty for violating sodomy laws has varied from state to state. In 1779, Thomas Jefferson tried to reduce Virginia's maximum punishment for sodomy from death to castration, but this was rejected. By 1873, South Carolina was the last state to repeal the death penalty for sodomy law violations. By 1950, New York had enacted a new statute, reducing the crime of sodomy from a felony to a misdemeanour, with a maximum penalty of six months in prison. In 1962, Illinois became the first state to remove criminal penalties for consensual sodomy from its criminal code. By 2002, 36 states had repealed their sodomy laws or had them overturned by the courts.
In 2003, the United States Supreme Court struck down the statutes criminalizing consensual sodomy in 14 states, one US territory, and the Uniform Code of Military Justice. At the time, the harshest penalties were in Idaho, where a person convicted of sodomy could receive a life sentence, followed by Michigan, with a maximum penalty of 15 years' imprisonment, or life for repeat offenders.
In other parts of the world, sodomy laws and their penalties vary. In Barbados, for instance, same-sex and different-sex anal and oral sex were criminalised under the Sexual Offences Act until 2022, with "buggery" punishable by life imprisonment, although the law was rarely enforced. In Botswana, sodomy was criminalised until 2019, with a maximum penalty of seven years' imprisonment. In some parts of the world, sodomy laws can result in the death penalty, such as in Afghanistan, Iran, Qatar, Saudi Arabia, the United Arab Emirates, and Yemen.
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Frequently asked questions
Sodomy laws outlaw a variety of sexual acts deemed illegal, illicit, unlawful, unnatural, or immoral. While these laws often target sexual acts between people of the same sex, many sodomy-related statutes employ definitions broad enough to outlaw certain sexual acts between people of different sexes. Sodomy typically includes anal sex, oral sex, manual sex, and bestiality.
The sodomy laws are sometimes enforced using Section 377 of the Penal Code, which prohibits carnal intercourse against the order of nature. Punishment for voluntarily committing carnal intercourse against the order of nature shall be up to twenty years' imprisonment and whipping, while punishment for committing the same offense but without consent is punished by no less than five years' imprisonment and whipping.
As of April 2025, 63 countries and 3 sub-national jurisdictions have laws that criminalize sexual activity between two individuals of the same sex. In 2006, that number was 92. Among these 62 countries, 40 of them not only criminalize male same-sex sexual activity but also have laws that criminalize female same-sex sexual activity.
