The courts will have to decide whether to grant the plaintiffs a preliminary injunction, or a stay, in a lawsuit filed against the Ohio legislature over the laws.
A preliminary injunction is a preliminary legal determination by the courts that a proposed law is likely to be invalid or not enforceable.
A stay is a stay that requires a ruling by the district court, which must decide whether the statute is in violation of the Constitution or the state’s public health, safety, or welfare.
The stay will stay pending the outcome of the district’s final appeal.
A court in Ohio issued a preliminary stay on the sodomy law in July, but the court ultimately sided with the plaintiffs.
Ohio is one of eight states that have laws banning sodomy.
The laws were enacted after the Supreme Court struck down the federal sodomy ban in Lawrence v.
Texas, a 2003 case that set the legal precedent for many states to pass similar laws.
The plaintiffs are asking for a stay of the stay, and a preliminary restraining order, in the case.