Last month, three judges on the US Court of Appeals for the 4th Circuit deemed a Virginia anti-sodomy law unconstitutional. The provision, part of the state’s ‘Crimes Against Nature’ law, has been moot since the 2003 US Supreme Court decision overruled state laws barring consensual gay sex, but Virginia has kept the prohibition on the books.

Now Virginia attorney general and Republican gubernatorial candidate Ken Cuccinelli is asking the full 4th Circuit to reconsider the case. Cuccinelli wants the court to revive the prohibition on consensual anal and oral sex, for both gay and straight people. (The case at hand involves consensual, heterosexual oral sex, but, as the New York Times explained in 2011, it’s ‘icky’: The sex was between a 47-year-old man and two teenagers above Virginia’s age of consent.)*

Here’s more from the Washington Blade:

Virginia Attorney General Kenneth Cuccinelli has filed a petition with the 4th Circuit U.S. Court of Appeals in Richmond asking the full 15-judge court to reconsider a decision by a three-judge panel last month that overturned the state’s sodomy law.

The three-judge panel ruled 2-1 on March 12 that a section of Virginia’s ‘Crimes Against Nature’ statute that […]