Lawrence v. Texas

Lawrence v. Texas, 539 US 558 (2003), is the primary piece of case law which ultimately decriminalized sodomy in the United States. Ruled upon by the United States Supreme Court in 2003, "Lawrence v. Texas" concerned a Texas law that criminalized consensual, adult homosexual intercourse which was found unconstitutional under the Due Process clause of the Fourteenth Amendment.
Background of the case.
Houston Police were tipped off to a weapons disturbance purportedly from the residence of John Lawrence. Upon entering the apartment, police found Lawrence and Tyron Garner engaging in sexual intercourse. At the time, a statute was in place which banned such homosexual sex acts and further deemed homosexuality a "deviance." Both Lawrence and Garner were arrested and convicted under this statute.
Upon appeal, the Texas State Court of Appeals affirmed the men's convictions citing "Bowers v. Hardwick", 478 US 186 (1986), as the controlling case.
Lawrence filed for certiorari to the Supreme Court which was granted in 2003.
Ruling.
In a 6-3 decision, the Supreme Court voted to overturn Lawrence's conviction and declared the Texas anti-sodomy statute unconstitutional. The decision hinged on the right of Lawrence and Garner to engage in private conduct under the Due Process Clause. Justice Anthony Kennedy, writing the majority opinion, stated "[Lawrence and Garner's] right to liberty under the Due Process Clause gives them the full right to engage in their conduct without intervention of the government." The decision to overturn "Bowers v. Hardwick" was 5-4, with Justice O'Connor (a member of the "Bowers" majority back in 1986) refusing to overturn "Bowers" and instead supporting the "Lawrence" ruling on narrower Equal Protection grounds because the challenged Texas law made male-male sodomy illegal but not male-female sodomy.
Criticism.
In a 2004 law review article, U.S. law professors Nelson Lund and John McGinnis criticized "Lawrence v. Texas" due to its alleged judicial hubris and expressed fears that its extremely broad language could have unexpected consequences in the long(er)-run.
Related pages.
United States Obscenity Law
Further reading.
Carpenter, Dale. (2012). "Flagrant Conduct: The Story of Lawrence V. Texas". New York, NY: W.W. Norton &amp; Co. Inc.