Whether Virginia's anti-sodomy statute violates due-process, equal-protection

QUESTIONS PRESENTED I. In Lawrence v. Texas, 539 U.S. 558 (2003), this Court invalidated, as inconsistent with the requirements of substantive due process, Texas’s blanket prohibition on sodomy. In light of that decision, does the decision of the Supreme Court of Virginia, which revived, through a subsequent narrowing construction, a criminal statute that was in all relevant respects identical to the one invalidated in Lawrence, and affirmed the Petitioner’s conviction under that statute, violate the Due Process Clause? Il. Whether the Equal Protection Clause permits a State court to so construe its statutes as to result either in 1) unequal treatment of individuals engaging in acts other than vaginal intercourse, or 2) unequal penal consequences for two identically situated defendants? i