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DOE v. PRYOR

No. 02-14899.

344 F.3d 1282 (2003)

John DOE, proceeding anonymously, Thomas Roe, proceeding anonymously, Jane Poe, proceeding anonymously, J.B., proceeding anonymously, Plaintiffs-Appellants, v. William H. PRYOR, Jr., in his official capacity as Attorney General of the State of Alabama, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

September 11, 2003.

Attorney(s) appearing for the Case

James Garland, Hofstra Law School, Hempstead, NY, David Gespass, Gespass & Johnson, Birmingham, AL, for Plaintiffs-Appellants.

Sandra Ingram Speakman, Charles Brinsfield Campbell, Montgomery, AL, for Defendant-Appellee.

Before EDMONDSON, Chief Judge, CARNES, Circuit Judge, and CARNES, District Judge.

CARNES, Circuit Judge:

This is a gay rights standing case which began before Lawrence v. Texas, 539 U.S. ___, 123 S.Ct. 2472, 156 L.Ed.2d 508 (2003), but which we decide in light of that decision. At the center of the case is an Alabama statute which criminalizes "deviate sexual intercourse," defined as "[a]ny act of sexual gratification between persons not married to each other involving the sex organs of one person...

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