State v. Thomas

Summary

The Supreme Court of Louisiana held that Lawrence v. Texas did not render Louisiana Revised Statutes § 14:89(A)(2) unconstitutional as applied to solicitation of unnatural carnal copulation for compensation. The court concluded that the statute addresses prostitution-related conduct, that its solicitation provision is severable from § 14:89(A)(1), and that the defendant lacked standing to challenge the latter provision. The court reversed the trial court's grant of the motion to quash and remanded for further proceedings.

Holdings

1. Lawrence v. Texas does not render La. Rev. Stat. § 14:89(A)(2) unconstitutional as applied to solicitation of unnatural carnal copulation for compensation because Lawrence expressly excluded public conduct and prostitution from its holding.
2. La. Rev. Stat. § 14:89(A)(1) and (A)(2) proscribe separate, severable offenses, and a defendant charged only under subsection (A)(2) lacks standing to challenge the constitutionality of subsection (A)(1).
3. The fact that solicitation of unnatural carnal copulation for compensation carries a more severe penalty than solicitation of vaginal intercourse for compensation does not, by itself, establish an equal protection or due process violation.

Questions Presented

1. Whether Lawrence v. Texas rendered La. Rev. Stat. § 14:89(A)(2) unconstitutional as applied to a person charged with soliciting unnatural carnal copulation for compensation.
2. Whether the separate prohibitions in La. Rev. Stat. § 14:89(A)(1) and (A)(2) are severable, such that a defendant charged under subsection (A)(2) lacks standing to challenge subsection (A)(1).
3. Whether imposing a felony penalty for soliciting unnatural carnal copulation for compensation, when solicitation of vaginal intercourse for compensation would constitute misdemeanor prostitution, violates equal protection or due process.

Disposition

reversed_and_remanded