Does section 288a of the Maryland Penal Code offend against the non-establishment clause of the Federal Constitution?

'Cultural history establishes not a few practices and prohibitions religious in origin which are retained as secular institutions and ways long after their religious sanctions and justifications are gone.' (McGowan v. State of Maryland, 366 U.S. 420, 503--504, 81 S.Ct. 1153, 1177, 6 L.Ed.2d 393.)

Penal Code section 288a does not offend against the non-establishment clause of the First Amendment to the Federal Constitution.

Supposing that the condemned practice were an act of religious observance, the statute would still not violate Article I,

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