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HB 1189

Sexual offenses; offense of sodomy regarding consenting adults; prohibit prosecution

2025-2026 Regular Session Introduced by Eric Bell and 4 co-sponsors

HB 1189 prohibits criminal prosecution for consensual sexual activity between adults in Georgia, decriminalizing conduct currently illegal under state sodomy statutes.

House Second Readers
#crimesandoffenses(criminalcode)
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Bill Summary · HB 1189

Legislative bill overview

HB 1189 seeks to decriminalize consensual sexual activity between adults by prohibiting prosecution under Georgia's sodomy laws. The bill would effectively nullify existing statutes that criminalize specific sexual acts between consenting adults, regardless of sexual orientation.

Why is this important

Georgia's sodomy laws remain on the books despite the 2003 U.S. Supreme Court ruling in Lawrence v. Texas that struck down similar laws nationally. While enforcement has been rare in recent decades, the laws' existence creates legal ambiguity, potential enforcement risks, and symbolic harm to LGBTQ+ communities. Removing these laws aligns state statute with constitutional precedent and modern standards.

Potential points of contention

  • Constitutional redundancy argument: Critics may argue the bill is unnecessary since Lawrence v. Texas already prohibits enforcement, making this a symbolic rather than substantive change
  • Religious liberty concerns: Some conservative groups may view decriminalization as conflicting with religious beliefs about sexuality, though the bill only addresses criminal prosecution of consenting adults
  • Statutory housekeeping scope: Debate may arise over whether this bill should comprehensively reform related statutes or if a narrower approach to sodomy laws specifically is appropriate

Compiled from official sources — confirm details with the bill’s official record.

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