Actually, the identical thing happened in Georgia
. A police officer
attempted to arrest
a Mr. Hardwick for whom they had a warrant
for a traffic offense
when the officer broke into his home and found him in in flagrante delicto
with another man in bed. He was also arrested for violating Georgia's anti-sodomy
law. The charges were dropped, but apparently he was upset over the matter and sued claiming the law violated his right to privacy and as such the law was unconstitutional. The U.S. Supreme Court
, in the case of Bowers v. Hardwick 478 U.S. 186 (1986)*
, ruled that the law was constitutional and that even in private, homosexual sodomy could be prosecuted.
Ironically, three years later, in Powell v. Georgia S98A0755, 270 Ga. 327, 510 S.E. 2d 18 (Nov. 23, 1998)* the Supreme Court of the State of Georgia would rule that the law making consentual sodomy in private was unconstitutional in violation of the State Constitution's protection of the right to privacy.
Also, the City Council of the District of Columbia repealed the Sodomy laws more than five years ago. Congress was too busy with something else and never objected, so the laws were repealed after more than 200 years on the books.
See also: Sex-related Court Cases
* Click here to understand what those numbers mean