Commonwealth v. Wasson (1992): Kentucky Strikes Down Sodomy Criminalization Under the State Constitution
Commonwealth v. Wasson, 842 S.W.2d 487 (Ky. 1992), stands as one of the most consequential decisions in Kentucky constitutional law. More than a decade before the U.S. Supreme Court decided Lawrence v. Texas (2003), the Kentucky Supreme Court struck down the Commonwealth’s sodomy statute as a violation of the Kentucky Constitution’s guarantees of privacy and equal protection — establishing Kentucky as a national leader in recognizing individual liberty.
The Facts of the Case
Jeffrey Wasson was arrested in Lexington, Kentucky after an undercover police officer solicited him for consensual sexual activity. Wasson was charged under KRS 510.100, Kentucky’s statute criminalizing deviate sexual intercourse between persons of the same sex. Wasson challenged the constitutionality of the statute under the Kentucky Constitution.
The Fayette District Court dismissed the charges, finding the statute unconstitutional. The Fayette Circuit Court affirmed, and the case reached the Kentucky Supreme Court.
The Legal Issue
The central question was whether KRS 510.100, which criminalized consensual homosexual sodomy between adults, violated the Kentucky Constitution’s guarantees of privacy (Sections 1 and 2) and equal protection (Sections 2 and 3).
The Court’s Holding and Reasoning
The Kentucky Supreme Court, in a 4-3 decision, struck down KRS 510.100 on both privacy and equal protection grounds. The majority held that the Kentucky Constitution provides broader individual rights protections than the United States Constitution.
On privacy, the Court held that Sections 1 and 2 of the Kentucky Constitution guarantee a right to privacy encompassing private, consensual sexual conduct between adults. The state had failed to demonstrate a compelling interest in criminalizing private consensual conduct.
On equal protection, the Court held that KRS 510.100 impermissibly discriminated by criminalizing sexual conduct solely based on the gender of the participants, violating the Kentucky Constitution’s equal protection guarantees.
Impact on Kentucky Criminal Defense Today
Wasson’s significance extends far beyond its specific holding. The decision established that the Kentucky Constitution is an independent source of rights that may exceed federal protections — a principle criminal defense attorneys invoke regularly in courtrooms from Lexington to Louisville and across all 120 Kentucky counties.
This principle of independent state constitutional analysis has been applied in Fourth Amendment search and seizure cases, due process challenges, and right to counsel claims. When federal constitutional doctrine falls short, Kentucky defense attorneys can argue that the Kentucky Constitution provides greater protection.
Wasson also reinforced that criminal statutes must serve a legitimate governmental purpose and cannot target individuals based on constitutionally protected characteristics.
How Clark + Harris Uses This Precedent
The attorneys at Clark + Harris are deeply versed in Kentucky constitutional law and regularly invoke the principles established in Wasson. We understand that the Kentucky Constitution often provides stronger protections than federal law — and we leverage those protections aggressively in Lexington, Louisville, and throughout Kentucky.
Understanding Kentucky case law is what separates experienced criminal defense attorneys from the rest. If you are facing criminal charges and believe your constitutional rights have been violated, call Clark + Harris at 859-474-0001.
Frequently Asked Questions
How soon should I contact Clark + Harris after being charged in Kentucky?
As soon as possible. Early representation protects your rights during questioning, preserves evidence, and often leads to better outcomes. Call 859-474-0001 — we respond promptly to new inquiries.
Does Clark + Harris represent clients throughout Kentucky?
Yes. We represent clients in all 120 Kentucky counties, both state District and Circuit courts, and federal courts in the Eastern and Western Districts of Kentucky.
What happens during a free consultation with Clark + Harris?
We review the specific charges and evidence, discuss available defenses, explain the likely process in the relevant court, and give you a clear roadmap of next steps — at no cost to you.
Related Resources
If this information applied to your situation, the following Clark + Harris guides may also be helpful:
- Bell v. Commonwealth (1994): Child Sexual Abuse Accommodation Syndrome Expert Testimony in Kentucky
- Tipton v. Commonwealth (2008): Due Process and Destroyed or Lost Evidence in Kentucky
- Commonwealth v. Wirth (1996): The Constitutionality of DUI Checkpoints in Kentucky
- McCarthy v. Commonwealth (2021): Birchfield and Warrantless Blood Tests in Kentucky DUI Cases
- Dunn v. Commonwealth (2012): Search Warrants for Forced Blood Draws in Kentucky DUI Cases