There was some comic relief in the courtroom as Justice Marshall Rothstein, while questioning Schuck, demanded to know how Whatcott can justify saying, if “sodomites have their way the school board will be celebrating buggery too”. After listening to Schuck’s explanation, Justice Rothstein began to indicate that he did not believe buggery and sodomy are the same.
Remaining politely deferential by using the words ‘I think’ and ‘I could be wrong’ to downplay his reply, Schuck informs the Justice that buggery was the term for sodomy used in the criminal code prior to the law being struck down.
Justice Rothstein responded, “isn’t buggery having sex with animals” with Schuck retorting that that would be bestiality.
The robed lawyers in the background were seen covering their smiles looking down with hands shielding their embarrassed laughter.