I’d like to thank Sheriff Ben Wolfinger for his role in making Utah look much smarter and much less nutty than Idaho. Sheriff Wolfinger is unhappy with the decision by BSA to permit openly gay scouts.
The Kootenai County Sheriff said Friday that he is compelled to drop the department’s Boy Scouts of America charter because the organization is promoting a lifestyle that is against state law.
“It would be inappropriate for the sheriff’s office to sponsor an organization that is promoting a lifestyle that is in violation of state law,” Sheriff Ben Wolfinger said.
Sodomy is against the law in Idaho, he added.
Except it’s not:
Idaho’s sodomy law was struck down by the U.S. Supreme Court on June 26, 2003, as a result of the Court’s decision in Lawrence v. Texas, No. 02-102 (U.S. June 26, 2003). Idaho sodomy law applied to both heterosexual and same-sex partners as a “crime against nature,” punishable by imprisonment in state prison for not less than five years.Idaho Code §§ 18-6605 (2001); 18-6606 (2001). The sodomy law did not apply to married heterosexual couples. The Idaho Court of Appeals in Idaho v. Holden, 890 P.2d 341 (Idaho Ct. App. 1995), held that “Idaho’s statute prohibiting the infamous crime against nature may not be constitutionally enforced to prohibit private consensual marital conduct.”
So the Sheriff doesn’t know the law he’s supposed to enforce. And we also need to have a discussion with him about his bigotry. (Thanks to John at Americablog for catching this one.)