State v. Whitmarsh

State v. Whitmarsh was a South Dakota Supreme Court case decided on November 18, 1910, which asked whether or not fellatio, or oral sex, should be classified as sodomy. The contemporary federal common law definition of sodomy did not include fellatio. The court ruled that fellatio was an "abominable and disgusting" crime against nature and outlawed it between any two persons, regardless of marital status, sexual orientation or age. The case set a precedent for other states' laws and remained in effect in South Dakota for the next 66 years, until all sodomy laws, including the "crime against nature" statute, were abolished by the South Dakota Legislature in 1976.

State v. Whitmarsh

State v. Whitmarsh was a South Dakota Supreme Court case decided on November 18, 1910, which asked whether or not fellatio, or oral sex, should be classified as sodomy. The contemporary federal common law definition of sodomy did not include fellatio. The court ruled that fellatio was an "abominable and disgusting" crime against nature and outlawed it between any two persons, regardless of marital status, sexual orientation or age. The case set a precedent for other states' laws and remained in effect in South Dakota for the next 66 years, until all sodomy laws, including the "crime against nature" statute, were abolished by the South Dakota Legislature in 1976.