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Michael A. Goldstein, the man convicted of bestiality, has his day in court in an appeal to the Supreme Court of the United States. He was convicted of four counts of bestiality in May 2002 and is appealing the decision that he could not claim a violation of his federal constitutional rights, however, Goldstein did not appeal all the issues in the case. Some of the issues involved the common law prohibition on bestiality (which prohibited even men from having sex with animals) and the question of whether the law violated the First Amendment right to free speech. In addition, Goldstein argued that, because the law criminalized non-commercial bestiality, the law was unconstitutional. He claimed that he was charged with having sex with a dog or cat, which was not covered by the law; therefore, the law was unconstitutional.
By the way, the US Supreme Court also agrees with the SCC. A similar case is now pending before the nation's highest tribunal. Last year, a three-judge appeals court panel in Texas ruled that a man convicted of bestiality could not appeal his conviction on the basis of the federal Constitution's prohibition on cruel and unusual punishment. The ruling was based on a US Supreme Court decision involving a sex offender who received a life sentence on a conviction for non-commercial oral copulation with a minor. The high court ruled that the law, as applied to the bestiality offense, did not violate the Eighth Amendment, which forbids the imposition of cruel and unusual punishment.
The court said the law at issue applied to non-commercial bestiality only; therefore, the man could not claim any constitutional infirmity. Therefore, the appeals court upheld the convicted man's conviction. The SCC declined to hear the appeal.
Goldstein's appeal is still pending but, in any event, it is pretty clear that the court will not consider the First Amendment question, as the Sixth and Eighth Circuit Courts of Appeals did. The Sixth Circuit ruled in a 2006 opinion that animals are not protected by the First Amendment. It also ruled that non-commercial bestiality did not fall into the category of speech protected by the First Amendment. The Eighth Circuit agreed with the Sixth Circuit in a 2007 opinion.
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