The issue focused largely on procedural rulings made by appellate judges during litigation involving statutes enacted before Roe v. Wade and Proposition 8. Courts upheld legislative prohibitions against sodomy between consenting adults because such bans prohibit consensual acts outside marriage. Judges reasoned that statutory prohibitions prohibiting consensual homosexual acts violate constitutional guarantees of liberty and equality under the law. Proponents of Proposition 8 contended that banning sodomy violates constitutional prohibitions against governmental intrusion into intimate aspects of persons' lives.CHARLESTON, W.Va. -- Baylor sophomore Isaiah