Criminal sodomy prohibitions have ancient roots in American legal history.

Evidence

Proscriptions against that conduct have ancient roots…. Sodomy was a criminal offense at common law and was forbidden by the laws of the original thirteen States when they ratified the Bill of Rights. In 1868, when the Fourteenth Amendment was ratified, all but 5 of the 37 States in the Union had criminal sodomy laws. — Ruggero J. Aldisert, Agatha D. Aldisert, Logic for Lawyers- A Guide to Clear…, 519

Categorization

• DEFINE: Defines the historical test for substantive due process rights.
• corroborated: 2 independent passages support this claim — Ruggero J. Aldisert, Agatha D. Aldisert, Logic for Lawyers- A Guide to Clear…, 519
• XREF: connects to: Laws against sex and vice resurged strongly in late nineteenth-century America — Lawrence M. Friedman, A History of American Law, 3323