The Supreme Court declined to hear an appeal from Virginia Attorney General Ken Cuccinelli of a lower court's ruling that abolished the state's anti-sodomy law, USA TODAY reported.
The refusal to hear the case was issued on Monday to Virginia state officials seeking to re-establish a statewide ban on oral and anal sex, which was declared unconstitutional in March by the 4th U.S. Circuit Court of Appeals in Richmond.
In 2005, William Scott MacDonald was convicted for criminal solicitation after allegedly demanding oral sex from a 17-year-old girl. MacDonald's conviction came two years after the landmark Lawrence vs. Texas decision, which banished anti-sodomy laws in Texas and other states.
During their attempt to reinstate the law, Virginia officials said the ruling did not apply to sex acts between adults and minors. However, the lower court still rejected their claim and justices will not reconsider the ultimate decision.
On Cuccinelli's website, he claims the sodomy law is meant to protect children from pedophiles opposed to the claims from opponent Terry McAuliffe.
In July, McAuliffe's campaign manager sent an email to supporters condemning the current governor for supporting an "outdated and offensive" law.
"Instead of focusing on the pressing issues facing the commonwealth, Ken Cuccinelli is spending his time supporting an anti-sodomy law that criminalizes consensual sex between adults. Seriously," campaign manager Robby Mook's email said.
"Cuccinelli's views about the LGBT community are so strong, he's willing to put his political capital on the line to try and restrict the private lives of all Virginians. Maybe that's not surprising, since this is the same candidate who called being gay a 'personal challenge' during last weekend's debate."
However, Cuccinelli vehemently denies the claim that his support for the sodomy law has anything to do with the gay community.
"In fact, contrary to misinformation peddled by Terry McAuliffe and his liberal allies, the law is not - and can not - be used against consenting adults acting in private.
"Attorney General Cuccinelli will not apologize for fighting to keep sexual predators away from our children. This is a cut and dry instance of Terry McAuliffe and his allies lying about a case to score cheap political points at the expense of our children," the governor's website reads.
