Kathleen Gray

Detroit Free Press Lansing Bureau

LANSING — Despite a flurry of social media to the contrary, no, the Michigan Senate did not pass a bill that criminalizes gay sex.

It passed a bill last week, by a 37-1 margin, that would make sure that people who are convicted of abusing, torturing or having sex with animals are not allowed to get a dog or cat or other pet from an animal shelter.

“I have no problem calling out my Republican colleagues when they do something skanky, but this is a very unfair attack on the whole state Senate and on my Republican colleagues in particular,” said state Sen. Steven Bieda, D-Warren, who is a co-sponsor of the bill.

But a blogger from Texas picked up a section of the bill, which amends existing law that said: “A person who commits the abominable and detestable crime against nature (an obsolete reference to sodomy) either with mankind or with any animal is guilty of a felony, punishable by imprisonment in the state prison for not more than 15 years.”

In 2003, the U.S. Supreme Court struck down a Texas sodomy law, ruling that it is unconstitutional to bar consensual sex between adults, calling it a violation of the 14th Amendment. There are 12 states, including Michigan, that still have anti-sodomy laws on the books that are no longer enforced.

Logan's Law passes Senate, could see action in House

“That’s an antiquated and nullified reference to the state’s sodomy statute,” Bieda said. “That statute frankly should be repealed physically, but for all practical purposes, it’s not state law because of Lawrence v. Texas decision” by the Supreme Court.

State Sen. Rick Jones, R-Grand Ledge, said the bill he sponsored is strictly about protecting animals from abuse and is furious that it has gotten bogged down in sexual politics.

“If you abuse a dog, if you’re convicted of torturing animals, if you’re convicted of bestiality, you may not own an animal for 5 years,” he said. “It has nothing to do with adult human sodomy. That’s been ruled unconstitutional for consensual adults.”

Bieda said he hopes the House will scrub the language when the bill comes up for debate there and will continue working on repealing antiquated laws. The Legislature repealed dozens of obsolete laws last year that haven’t been enforced for decades.

Michigan animal sanctuary slammed with USDA violations

And Bieda said bills will be introduced to repeal the unenforceable laws regarding sodomy and cohabitation for unmarried adults, “but the ones on social issues are a little more difficult to get through in a Republican-dominated Legislature.

“People should chill out a little bit. Take a look at what’s really going on,” he added. “The statute that is still on the books is unenforceable, but it’s still on the books. It’s something we need to clean up.”

The bill — SB 219 — has been assigned to the House Judiciary Committee and hasn’t had a hearing there yet.

Contact Kathleen Gray: 517-372-8661, kgray99@freepress.com or on Twitter @michpoligal.