Those laws which prohibit homosexuality are defined as sodomy laws and over time have taken many different forms in the different jurisdictions and areas. “Until 1961, the criminalization of sodomy in the United States was unanimous throughout the 48 states” (West, Green 1997). According to these laws, the behavior of homosexuals is considered to be a criminal offence and therefore, if one was to analyze the historical development of these laws, what would come across is the fact that every act which has not been approved by the state via marriage has been considered a criminal act and same goes the case for the homosexuals.
Sodomy laws wherever, they did exist were enforced by the local authorities. “Man is known to meet. A plainclothes officer will enter into a conversation about an act of sodomy and then arrest the civilian for ‘solicitation’. Whether or not the sexual act is illegal per se, the stage on which it was to be played may determine that it is not private, and thus solicitation becomes the crime” (West, Green 1997).