Lawrence v. Texas
Lawrence v. Texas | |
---|---|
Subsequent | Complaint dismissed, 2003 WL 22453791, 2003 Tex. App. LEXIS 9191 (Tex. App. 2003) |
Questions presented | |
1. Whether the petitioners' criminal convictions under the Texas "Homosexual Conduct" law—which criminalizes sexual intimacy by same-sex couples, but not identical behavior by different-sex couples—violate the Fourteenth Amendment guarantee of equal protection of the laws;
2. Whether the petitioners' criminal convictions for adult consensual sexual intimacy in their home violate their vital interests in liberty and privacy protected by the Due Process Clause of the Fourteenth Amendment; 3. Whether Bowers v. Hardwick should be overruled. | |
Holding | |
The Texas statute making it a crime for two persons of the same sex to engage in certain intimate sexual conduct violates the Due Process Clause. Court of Appeals for the Fourteenth District of Texas reversed and remanded. Bowers v. Hardwick overruled. | |
Court membership | |
| |
Case opinions | |
Majority | Kennedy, joined by Stevens, Souter, Ginsburg, Breyer |
Concurrence | O'Connor (in judgment) |
Dissent | Scalia, joined by Rehnquist, Thomas |
Dissent | Thomas |
Laws applied | |
U.S. Const. amend. XIV; Tex. Penal Code § 21.06(a) (2003) | |
This case overturned a previous ruling or rulings | |
Bowers v. Hardwick (1986) |
Lawrence v. Texas, 539 U.S. 558 (2003), is a
In 1998, John Geddes Lawrence Jr., an older white man, was arrested along with Tyron Garner, a younger black man, at Lawrence's apartment in Harris County, Texas. Garner's former boyfriend had called the police, claiming that there was a man with a weapon in the apartment. Sheriff's deputies said they found the men engaging in sexual intercourse. Lawrence and Garner were charged with a misdemeanor under Texas' anti-sodomy law; both pleaded no contest and received a fine. Assisted by the American civil rights organization Lambda Legal, Lawrence and Garner appealed their sentences to the Texas Courts of Appeals, which ruled in 2000 that the sodomy law was unconstitutional. Texas appealed to have the court rehear the case en banc, and in 2001 it overturned its prior judgment and upheld the law. Lawrence appealed this decision to the Texas Court of Criminal Appeals, which denied his request for appeal. Lawrence then appealed to the U.S. Supreme Court, which agreed to hear his case.
The Supreme Court struck down the sodomy law in Texas in a 6–3 decision, and by extension invalidated sodomy laws in 13 other states, making all forms of private, consensual non-procreative sexual activities between two consenting individuals of either sex (especially of the same sex) legal in every
The case attracted much public attention, and 33
Background
Legal punishments for sodomy often included heavy fines, prison sentences, or both, with some states, beginning with Illinois in 1827, denying other rights, such as suffrage, to anyone convicted of the crime of sodomy.[7] In the late 19th and early 20th centuries, several states imposed various eugenics laws against anyone deemed to be a "sexual pervert". As late as 1970, Connecticut denied a driver's license to a man for being an "admitted homosexual".[8]
As of 1960, every state had an anti-sodomy law.[9] In 1961, the American Law Institute's Model Penal Code advocated the repeal of sodomy laws as they applied to private, adult, consensual behavior.[10] Two years later the American Civil Liberties Union (ACLU) took its first major case in opposition to these laws.[11]
In
In
By the time of the Lawrence decision, ten states—Alabama, Florida, Idaho, Louisiana, Mississippi, North Carolina, South Carolina, Michigan, Utah, and Virginia—still banned consensual sodomy without respect to the sex of those involved, and four—Texas, Kansas, Oklahoma, and Missouri (partially)—prohibited same-sex couples from engaging in anal and oral sex.[9]
History
Arrest of Lawrence and Garner
On September 17, 1998, John Geddes Lawrence Jr.,[17][18] a gay 55-year-old medical technologist, was hosting two gay acquaintances, Tyron Garner,[19] age 31, and Robert Eubanks,[20] 40, at his apartment in northeast Harris County, Texas,[21] east of the Houston city limits.[22] Lawrence and Eubanks had been friends for more than 20 years. Garner and Eubanks had had an intermittent romantic relationship since 1990. Lacking transportation home, the couple were preparing to spend the night. Eubanks, who had been drinking heavily, left to purchase a soda from a nearby vending machine. Apparently outraged that Lawrence had been flirting with Garner, he called police and reported "a black male going crazy with a gun" at Lawrence's apartment.[23]
Four Harris County sheriff's deputies responded within minutes and Eubanks pointed them to the apartment. They entered the unlocked apartment toward 11 p.m. with their weapons drawn. In accordance with police procedures, the first to arrive, Joseph Quinn, took the lead both in approaching the scene and later in determining what charges to bring. He later reported seeing Lawrence and Garner having anal sex in the bedroom. A second officer reported seeing them engaged in oral sex, and two others did not report seeing the pair having sex. Lawrence repeatedly challenged the police for entering his home. Quinn had discretionary authority to charge them for a variety of offenses and to determine whether to arrest them. When Quinn considered charging them with having sex in violation of state law, he had to get an Assistant District Attorney to check the statutes to be certain they covered sexual activity inside a residence. He was told that Texas' anti-sodomy statute, the "Homosexual Conduct" law, made it a Class C misdemeanor if someone "engages in deviate sexual intercourse with another individual of the same sex".[24] The statute, Chapter 21, Sec. 21.06 of the Texas Penal Code, had been adopted in 1973 when the state revised its criminal code to end its proscription on heterosexual anal and oral intercourse.[25]
Quinn decided to arrest Lawrence and Garner and charge them with having "deviate sex". In the separate arrest reports he filed for each, he wrote that he had seen the arrestee "engaged in deviate sexual conduct namely, anal sex, with another man".[26] Lawrence and Garner were held in jail overnight. At a hearing the next day, they pleaded not guilty to a charge of "homosexual conduct". They were released toward midnight.[27] Eubanks pleaded no contest to charges of filing a false police report. He was sentenced to 30 days in jail but was released early.[28]
Prosecution and appeals
The gay rights advocates from
To appeal, Lawrence and Garner needed to have their cases tried in Harris County Criminal Court. Their attorneys asked the court to dismiss the charges against them on Fourteenth Amendment
A three-judge panel of the Texas
Consideration by the Supreme Court
In a petition for certiorari filed in the U.S. Supreme Court on July 16, 2002, Lambda Legal attorneys asked the Court to consider:[37]
- Whether the petitioners' criminal convictions under the Texas "Homosexual Conduct" law—which criminalizes sexual intimacy by same-sex couples, but not identical behavior by different-sex couples—violate the Fourteenth Amendment guarantee of equal protection of the laws;
- Whether the petitioners' criminal convictions for adult consensual sexual intimacy in their home violate their vital interests in liberty and privacy protected by the Due Process Clause of the Fourteenth Amendment;
- Whether Bowers v. Hardwick should be overruled.
On December 2, 2002, the Court agreed to hear the case. Lambda Legal coordinated the submission of sixteen
At oral argument on March 26, 2003, Paul M. Smith, an experienced litigator who had argued eight cases before the Supreme Court, spoke on behalf of the plaintiffs.[41] Texas Attorney General John Cornyn, then a candidate for the U.S. Senate, refused to have his office argue the case. Charles A. Rosenthal, District Attorney of Harris County, represented the state.[42] His performance was later described as "the worst oral argument in years", but some believe his lack of preparation reflected his lack of enthusiasm for the statute he was defending.[43][44]
Decision
On June 26, 2003, the Supreme Court issued a 6–3 decision in favor of Lawrence that struck down Texas's statute. Five justices held it violated the Due Process Clause, while a sixth, Sandra Day O'Connor, held it violated the Equal Protection Clause.
Opinion of the Court
Five justices formed the majority and joined an opinion written by Justice
First, the Court stated that its decision in Bowers went against its statements in cases involving child-rearing (Pierce v. Society of Sisters and Meyer v. Nebraska), contraception (Griswold v. Connecticut and Eisenstadt v. Baird), and abortion (Roe v. Wade) that the Constitution protects a right to privacy and personal autonomy.[4] Next, Kennedy wrote that in Bowers the Court had misread the historical record regarding laws criminalizing homosexual relations. He stated that, after further research, the Court had found that historical American anti-sodomy laws had been directed at "nonprocreative sexual activity more generally," rather than specifically at homosexual acts, contrary to the Court's conclusions in Bowers.[47] Combined with the fact that these laws were often unenforced, the Court saw this as constituting a tradition of avoiding interference with private sexual activity between consenting adults.[4]
Lastly, Kennedy noted that Bowers's jurisprudential foundation had been weakened by two subsequent cases involving sexuality (Planned Parenthood v. Casey and Romer v. Evans), and that the reasoning of Bowers had been criticized in the United States and rejected by most other developed Western countries. For this reason, Kennedy stated that there was a jurisprudential basis to think that it should be "an integral part of human freedom" for consenting adults to choose to privately engage in sexual activity.[48]
The present case does not involve minors. It does not involve persons who might be injured or coerced or who are situated in relationships where consent might not easily be refused. It does not involve public conduct or prostitution. It does not involve whether the government must give formal recognition to any relationship that homosexual persons seek to enter. The case does involve two adults who, with full and mutual consent from each other, engaged in sexual practices common to a homosexual lifestyle. The petitioners are entitled to respect for their private lives. The State cannot demean their existence or control their destiny by making their private sexual conduct a crime. Their right to liberty under the Due Process Clause gives them the full right to engage in their conduct without intervention of the government. "It is a promise of the Constitution that there is a realm of personal liberty which the government may not enter." The Texas statute furthers no legitimate state interest which can justify its intrusion into the personal and private life of the individual.
— Lawrence, 539 U.S. at 578 (citation omitted).
Kennedy reviewed the assumption the court made in Bowers, using the words of Chief Justice Burger's concurring opinion in that case, that "Condemnation of [homosexual practices] is firmly rooted in Judeo-Christian moral and ethical standards." He reviewed the history of legislation that criminalized certain sexual practices, but without regard for the gender of those involved. He cited the Model Penal Code's recommendations since 1955, the
O'Connor's concurrence
Justice Sandra Day O'Connor only concurred in the judgment and wrote a concurring opinion in which she offered a different rationale for invalidating the Texas sodomy statute. She disagreed with the overturning of Bowers—she had been in the Bowers majority—and disputed the court's invocation of due process guarantees of liberty in this context. Rather than including sexuality within protected liberty, she would strike down the law as violating the equal protection clause because it criminalized male–male but not male–female sodomy. O'Connor maintained that a sodomy law that was neutral both in effect and application might be constitutional, but that there was little to fear because "democratic society" would not tolerate it for long. O'Connor noted that a law limiting marriage to heterosexual couples would pass rational scrutiny as long as it was designed to "preserv[e] the traditional institution of marriage" and not simply based on the state's dislike of homosexual persons.
Scalia's dissent
Justice
Scalia wrote that if the court was not prepared to validate laws based on moral choices as it had done in Bowers, state laws against bigamy, same-sex marriage, adult incest, prostitution, masturbation, adultery, fornication, bestiality, and obscenity would not prove sustainable.[54]
He wrote that:
Today's opinion is the product of a Court, which is the product of a law-profession culture, that has largely signed on to the so-called
homosexual agenda, by which I mean the agenda promoted by some homosexual activists directed at eliminating the moral opprobrium that has traditionally attached to homosexual conduct. ... [T]he Court has taken sides in the culture war, departing from its role of assuring, as a neutral observer, that the democratic rules of engagement are observed.
He cited the majority opinion's concern that the criminalization of sodomy could be the basis for discrimination against homosexuals as evidence that the majority ignored the views of most Americans:
So imbued is the Court with the law profession's anti-anti-homosexual culture, that it is seemingly unaware that the attitudes of that culture are not obviously "mainstream"; that in most States what the Court calls "discrimination" against those who engage in homosexual acts is perfectly legal.
He continued: "Let me be clear that I have nothing against homosexuals, or any other group, promoting their agenda through normal democratic means." The majority's "invention of a brand-new 'constitutional right'", he wrote, showed it was "impatient of democratic change".[55]
Thomas's dissent
Justice Thomas wrote in a separate, two-paragraph dissent that the sodomy law the Court struck down was "uncommonly silly", a phrase drawn from Justice Potter Stewart's dissent in Griswold v. Connecticut. Justice Thomas added that if he were a member of the Texas Legislature, he would vote to repeal the law. The Justice opined that "punishing someone for expressing his sexual preference through noncommercial consensual conduct with another adult does not appear to be a worthy way to expend valuable law enforcement resources". Nevertheless, Thomas voted to uphold the constitutionality of the Texas sodomy law because he could find "no general right of privacy" in the Constitution.[56]
Reactions
President George W. Bush's press secretary Ari Fleischer refused to comment on the decision, noting only that the administration had not filed a brief in the case. As governor, Bush had opposed the repeal of the Texas sodomy provision, which he called a "symbolic gesture of traditional values".[57] After quoting Fleischer calling it "a state matter", Linda Greenhouse, writing in The New York Times, commented: "In fact, the decision today ... took what had been a state-by-state matter and pronounced a binding national constitutional principle."[58]
The Lambda Legal's lead attorney in the case, Ruth Harlow, stated in an interview after the ruling that "the court admitted its mistake in 1986, admitted it had been wrong then ... and emphasized today that gay Americans, like all Americans, are entitled to full respect and equal claim to [all] constitutional rights."[59]
Professor
The end result of Lawrence v. Texas was "like the
Then president of the United States Conference of Catholic Bishops, Wilton Gregory, released a statement that the Supreme Court decision was to be deplored.[65]
Subsequent cases
Sexual privacy
Age of consent laws
Lawrence invalidated
Consensual incest
In Muth v. Frank (2005), a man convicted of criminal behavior by having an incestuous relationship in Wisconsin appealed his ruling in an attempt to apply the logic of sexual privacy in Lawrence.[69] The Seventh Circuit declined to extend the right of privacy stated in Lawrence to cases of consensual adult incest. The case was distinguished because the parties were not similarly situated since there is in the latter case an enhanced possibility of genetic mutation of a possible offspring as suggested by geneticists who were witnesses at the trial.[70]
Fornication
In Martin v. Ziherl, the Supreme Court of Virginia ruled the state's fornication law unconstitutional relying on Lawrence and the right to privacy.[71]
Teacher-student relationships
The Connecticut Supreme Court rejected an argument based on Lawrence that a high school teacher had a constitutional right to engage in sexual activity with his consent-aged students. The court rejected the teacher's privacy and liberty arguments in the context of an "inherently coercive relationship wherein consent might not easily be refused".[72][73]
Adult entertainment
Upon rehearing Williams v. Pryor after Lawrence, the Eleventh Circuit Court of Appeals upheld Alabama's ban on the sale of sex toys.[74] Facing comparable facts, the Fifth Circuit struck down Texas's sex toy ban holding that "morality is an insufficient justification for a statute" and "interests in 'public morality' cannot constitutionally sustain the statute after Lawrence".[75]
Bestiality
Joanna Grossman wrote soon after the decision that Lawrence v. Texas should pose no serious obstacle to bestiality prosecutions, because such laws "plainly can be upheld on a 'cruelty to animals' justification."[76] Leighann Lassiter, animal cruelty policy director[77] for the Humane Society of the United States, notes, however, the Lawrence ruling may create complications in several states that include human sexual conduct and bestiality in the same "anti-sodomy" statute.[78] As of 2018, 45 states have direct prohibitions on bestiality, while others may prohibit it under broader animal cruelty laws, according to the Animal Legal and Historical Center (Michigan State University College of Law).[79]
Prostitution
In 2015, the Erotic Service Provider Legal Education & Research Project (ESPLERP) filed a lawsuit against George Gascon, District Attorney for San Francisco, alleging that the state of California's anti-prostitution laws prevented relations between consenting adults in violation of Lawrence. The District Court dismissed the lawsuit and the Ninth Circuit affirmed the dismissal, reasoning that "the commercial nature of the relationship between prostitute and client suggests a far less selective relationship than that which previously has been held to constitute an intimate association."[80]
Same-sex marriage bans
A few months later, on November 18, 2003, the Massachusetts Supreme Judicial Court ruled that same-sex couples have a right to marry. Although deciding the case on the basis of the state constitution, Chief Justice Margaret Marshall quoted Lawrence in its second paragraph: "Our obligation is to define the liberty of all, not to mandate our own moral code."[81]
Aside from Massachusetts, other state case law had been quite explicit in limiting the scope of Lawrence and upholding state bans on same-sex marriage regulations. (See Standhardt v. Superior Court ex rel County of Maricopa, 77 P.3d 451 (Ariz. App. 2003); Morrison v. Sadler, 821 N.E.2d 15 (Ind. App. 2005); Hernandez v Robles (7 NY3d 338 2005).)
In the first successful federal court challenge to a state same-sex marriage ban, Judge
Same-sex adoptive parents
In the majority decision, Justice Kennedy wrote: "The present case does not involve minors. It does not involve persons who might be injured or coerced or who are situated in relationships where consent might not easily be refused."[83] The "obvious" meaning, as Nancy D. Polikoff wrote, was to point out that Lawrence could not be used to legalize "sex with children". Nonetheless, in 2004, the 11th Circuit Court of Appeals quoted this sentence when saying that Lawrence had not established a right for gay parents to adopt. In an adoption case, the 11th Circuit said, "the involved actors are not only consenting adults, but minors as well...Hence, we conclude that the Lawrence decision cannot be extrapolated to create a right to adopt for homosexual persons."[84][85]
United States military
The United States Court of Appeals for the Armed Forces, the last court of appeals for courts-martial before the Supreme Court, ruled that Lawrence applies to Article 125 of the Uniform Code of Military Justice, the article banning sodomy. Nevertheless, it twice upheld prosecutions under that article when applied as necessary to preserve good order and discipline in the armed forces.[86][87] Article 125 was repealed by the National Defense Authorization Act for Fiscal Year 2014.
Dobbs v. Jackson Women's Health Organization
On June 24, 2022, the Supreme Court overturned
Level of scrutiny applied in Lawrence
Justice Scalia and others[who?] have noted that the majority did not appear to apply the strict scrutiny standard of review that would be appropriate if the Lawrence majority had recognized a full-fledged "fundamental right". He wrote the majority instead applied "an unheard-of form of rational basis review that will have far-reaching implications beyond this case".[94]
Nan D. Hunter has argued that Lawrence used a new method of substantive due process analysis, and that the Court intended to abandon its old method of categorizing due process rights as either "fundamental" or "not fundamental" as too restrictive.[95] Justice Souter, for example, argued in Washington v. Glucksberg that the role of the Court in all cases, including unenumerated rights cases, is to ensure that the government's action has not been arbitrary.[96] Justice Stevens had repeatedly criticized tiered scrutiny and preferred a more active judicial balancing test based on reasonability.[97]
Lower courts have read Lawrence differently on the question of scrutiny. In
Plaintiffs
In 2000, Robert Eubanks was beaten to death in a case that was never solved. Tyron Garner died of meningitis in 2006, aged 39.[100] John Lawrence died of complications from a heart ailment in 2011, aged 68.[101]
See also
- Obergefell v. Hodges
- Sodomy laws in the United States
- LGBT rights in the United States
- List of sex-related court cases in the United States
- 2003 in LGBT rights
- Dobbs v. Jackson
- Baker v. Wade
Notes and references
Notes
Citations
- ^ a b Lawrence v. Texas, 539 U.S. 558 (2003)
- ^ Chemerinsky (2015), §10.4, p. 881.
- ^ Chemerinsky (2015), §10.4, p. 882.
- ^ a b c Nowak & Rotunda (2012), §18.28(b).
- Geo. Mason U. C.R. L.J.105 2004–2005; 102 Mich. L. Rev. 1555 2003–2004
- ^ Supreme Court of the United States (n.d.). "Docket No. 02-102".
- ISBN 9780299286934. Retrieved January 29, 2015.
- ^ "Homosexual To Fight Denial of Car License". The Day. November 2, 1972.
- ^ a b The New York Times: Supreme Court Strikes Down Texas Law Banning Sodomy", June 26, 2003, accessed July 16, 2012
- ^ Illinois in 1961 became the first state to repeal its sodomy law. Laws of Illinois 1961, page 1983, enacted July 28, 1961, effective Jan. 1, 1962. The History of Sodomy Laws in the United States: Illinois.
- ^ "ACLU and the History of LGBT Rights & HIV/AIDS". American Civil Liberties Union. March 26, 2006. Retrieved December 14, 2012.
- ^ "Opinion of the Court (Griswold v. Connecticut)". Law.cornell.edu. Retrieved May 2, 2010.
- ^ Eisenstadt v. Baird, 405 U.S. 438 (1972)
- ^ Bowers v. Hardwick, 478 U.S. 186 (1986)
- ^ Eisenstadt v. Baird, 405 U.S. at 453.
- ^ Bowers v. Hardwick, 478 U.S. at 219.
- ^ John Geddes Lawrence, August 2, 1943 – November 20, 2011. MetroWeekly: Chris Geidner, "John Geddes Lawrence, of Lawrence v. Texas, Has Died at 68", December 23, 2011 Archived January 9, 2012, at the Wayback Machine, accessed May 9, 2012
- ^ Liptak, Adam (December 23, 2011). "John Lawrence, Plaintiff in Gay Rights Case, Dies at 68". The New York Times.
- ^ July 10, 1967 – September 11, 2006. New York Times: "Tyron Garner, 39, Plaintiff in Pivotal Sodomy Case, Dies", September 14, 2006, accessed September 14, 2006
- ^ Robert Royce Eubanks, July 22, 1958 – October 14, 2000. Social Security Death Index
- ^ Christian, Carol (July 16, 2002). "Gay group takes Houston case to high court". Houston Chronicle. Retrieved April 23, 2017.
- ^ Levinson, Sanford (March 2012). "The Gay Case". Texas Monthly. Retrieved April 23, 2017.
- ^ Though Eubanks' report was false, it gave the police probable cause to enter Lawrence's home.
- ^ "Section 21.06 Was Declared Unconstitutional by Lawrence v. Texas, 123 S.Ct. 2472. Title 5. Offenses Against the Person Chapter 21. Sexual Offenses". Statutes.legis.state.tx.us. Retrieved May 2, 2010.
- OCLC 761383909.
- ^ Carpenter, Flagrant Conduct, 83
- ^ Carpenter, Flagrant Conduct, 113–4
- ^ Carpenter, Flagrant Conduct, 131
- ^ Lithwick, Dahlia (March 12, 2012). "Extreme Makeover: The story behind the story of Lawrence v. Texas". The New Yorker. Retrieved March 9, 2012.
- ^ Carpenter, Flagrant Conduct, 19–40
- ^ Carpenter, Flagrant Conduct, 144–9
- ^ Carpenter, Flagrant Conduct, 150–2
- ^ Carpenter, Flagrant Conduct, 162–6
- ^ Carpenter, Flagrant Conduct, 167–70
- ^ Carpenter, Flagrant Conduct, 173, 175
- ^ Carpenter, Flagrant Conduct, 177–9
- ^ Carpenter, Flagrant Conduct, 184–5
- ^ Carpenter, Flagrant Conduct, 198–200
- ^ Carpenter, Flagrant Conduct, 200
- ^ Carpenter, Flagrant Conduct, 203–206
- ^ Carpenter, Flagrant Conduct, 211 ff.
- ^ Carpenter, Flagrant Conduct, 214–216
- ^ Mark Tushnet, A Court Divided: The Rehnquist Court and the Future of Constitutional Law (NY: W.W. Norton, 2005), 169–170
- ^ Carpenter, Flagrant Conduct, 189–191, 214–216, 234–247
- ^ Chemerinsky (2015), §10.4, pp. 881–82.
- ^ Chemerinsky (2015), §10.4, pp. 882.
- ^ Nowak & Rotunda (2012), §18.28(b), quoting Lawrence, 539 U.S. at 568.
- ^ Nowak & Rotunda (2012), §18.28(b), quoting Lawrence, 539 U.S. at 566.
- ^ "HUDOC – European Court of Human Rights". hudoc.echr.coe.int.
- Holmes v. California Army National Guard, which upheld the federal statute and regulations banning from military service those who engage in homosexual conduct; Owens v. State, 352 Md. 663, which held that "a person has no constitutional right to engage in sexual intercourse, at least outside of marriage."
- ^ He summarized the majority's criteria as: looking to (1) "whether its foundations have been 'eroded' by subsequent decisions; (2) it has been subject to 'substantial and continuing' criticism; (3) it has not induced 'individual or societal reliance'".
- ^ Scalia noted that in Casey stare decisis was of the utmost importance because of the divisive nature of the case. The majority in Lawrence, he wrote, "do[es] not bother to distinguish—or indeed, even bother to mention—the paean to stare decisis coauthored by three Members of today's majority in Planned Parenthood v. Casey. There, when stare decisis meant the preservation of judicially invented abortion rights, the widespread criticism of Roe was strong reason to reaffirm it." He continued: "Today, however, the widespread opposition to Bowers, a decision resolving an issue as 'intensely divisive' as the issue in Roe, is offered as a reason in favor of overruling it."
- ^ "Lawrence v. Texas".
- ^ For a critique of this argument, see Ruth E. Sternglantz, "Raining on the Parade of Horribles: Of Slippery Slopes, Faux Slopes, and Justice Scalia's Dissent in Lawrence V. Texas", University of Pennsylvania Law Review, vol. 153, no. 3 (January 2005), esp. 1118–20.
- ^ Scalia. "Lawrence V. Texas". Law.cornell.edu. Retrieved May 9, 2022.
- ^ Thomas (June 26, 2003). "Lawrence V. Texas". Law.cornell.edu. Retrieved May 9, 2022.
- ^ Carpenter, Flagrant Conduct, 269
- ^ The New York Times: [1]Linda Greenhouse, "Justices, 6-3, Legalize Gay Sexual Conduct in Sweeping Reversal of Court's '86 Ruling", June 27, 2003, accessed July 16, 2012
- ^ "Interview With Ruth Harlow". CNN. June 26, 2003. Retrieved May 2, 2010.
- ^ Tribe, Laurence H. (2004). "Lawrence v. Texas: The 'Fundamental Right' That Dare Not Speak Its Name". Harvard Law Review. 117:1894–95.
- American Center for Law and Justice. Archived from the originalon October 1, 2004. Retrieved May 2, 2010.
- ^ Robertson, Tatsha (June 27, 2003). "Gays, Lesbians Praise Decision Others Compare It to Roe v. Wade" Archived 2013-03-19 at the Wayback Machine. The Boston Globe. National/Foreign p. A28. Retrieved February 16, 2011.
- National Public Radio. Retrieved February 16, 2011.
- ^ "18 Anti-Gay Groups and Their Propaganda". Southern Poverty Law Center.
- ^ "Conference President Criticizes Supreme Court Decision". United States Conference of Catholic Bishops. June 23, 2003. Retrieved January 10, 2023.
- ^ Sealey, Geraldine (January 17, 2003). "Imprisoned Teen Challenges Kansas 'Romeo and Juliet' Law". Sodomy Laws: Gay & Lesbian Archives of the Pacific Northwest. ABC News. Archived from the original on December 12, 2008. Retrieved December 14, 2012.
- ^ "ACLU Applauds Unanimous Kansas Supreme Court Decision Reversing Conviction of Gay Teen Unfairly Punished under "Romeo and Juliet" Law". American Civil Liberties Union of Kansas and Western Missouri. October 21, 2005. Archived from the original on October 29, 2005.
- ^ 280 Kan. 275, 122 P.3d 22 (2005)
- ^ "Muth v. Frank". FindLaw.
- ^ "State v. Allen M." Retrieved September 20, 2015.
- ^ Grossmann, Johanna (January 25, 2005). "Virginia Strikes Down State Fornication Law". CNN. Retrieved May 9, 2012.
- ^ "Privacy Ruled Out In Sex Case". Hartford Courant. February 21, 2007. Archived from the original on February 23, 2007. Retrieved December 14, 2012.
- ^ "Jud.state.ce.us" (PDF). Retrieved May 2, 2010.
- ^ Williams v. Attorney General of Alabama, 378 F.3d 1232 (11th Cir. 2004)
- ^ Reliable Consultants, Inc., v. Earle, 517 F.3d 738 (5th Cir. 2008)
- ^ "GLAPN.org: The Consequences of Lawrence v. Texas".
- ^ Kevany, Sophie (July 19, 2021). "This Kansas Farm Is Making Headlines—for All the Wrong Reasons". Sentient Media. Retrieved June 27, 2022.
- ^ Kim, Eddie (June 4, 2018). "What Activists Are Doing to Fight the Rampant Growth of Bestiality". MEL Magazine. Retrieved September 30, 2018.
- ^ Wisch, Rebecca (2017). "Table of State Animal Sexual Assault Laws". Animal Legal & Historical Center. Retrieved September 30, 2018.
- ^ https://cdn.ca9.uscourts.gov/datastore/opinions/2018/01/17/16-15927.pdf
- ^ Greenhouse, Linda (November 19, 2003). "Supreme Court Paved Way for Marriage Ruling With Sodomy Law Decision". The New York Times. Archived from the original on March 7, 2016. Retrieved April 14, 2024.
- Perry v. Schwarzenegger Page 63 item 21 c [2]
- ^ Blokhina Gilkis, Krystyna. "Lawrence v. Texas". Legal Information Institute (LII) www.law.cornell.edu. Retrieved December 1, 2022.
- ^ 11th Circuit Court of Appeals (January 28, 2004). "Lofton v. Secretary of Dept. of Children, 358 F.3d 804". casetext.com. Retrieved December 1, 2022.
{{cite web}}
: CS1 maint: numeric names: authors list (link) - ^ Polikoff, Nancy D. (May 20, 2013). "Custody Rights of Lesbian and Gay Parents Redux: The Irrelevance of Constitutional Principles". UCLA Law Review. Retrieved December 1, 2022.
358 F.3d 804 (11th Cir. 2004)
- ^ "U. S. v. Marcum". United States Court of Appeals for the Armed Forces. Archived from the original on April 7, 2010. Retrieved May 2, 2010.
- ^ "U. S. v. Stirewalt". United States Court of Appeals for the Armed Forces. Archived from the original on May 25, 2010. Retrieved May 2, 2010.
- ^ a b Sneed, Tierney (June 24, 2022). "Supreme Court's decision on abortion could open the door to overturn same-sex marriage, contraception and other major rulings". CNN. Archived from the original on June 24, 2022. Retrieved June 24, 2022.
- ^ Blake, Aaron (May 3, 2022). "The Supreme Court's draft opinion on overturning Roe v. Wade, annotated". The Washington Post. Archived from the original on May 5, 2022. Retrieved June 28, 2022.
- ^ a b Thomson-DeVeaux, Amelia (June 24, 2022). "The Supreme Court's Argument For Overturning Roe v. Wade". FiveThirtyEight. Archived from the original on June 25, 2022. Retrieved June 26, 2022.
- ^ Blake, Aaron (May 3, 2022). "The Supreme Court's draft opinion on overturning Roe v. Wade, annotated". The Washington Post. Archived from the original on May 5, 2022. Retrieved June 28, 2022.
- ^ "The Dobbs v. Jackson Decision, Annotated". The New York Times. June 24, 2022. Retrieved June 27, 2022.
- ^ "Dobbs v. Jackson Women's Health Organization, 597 U. S. ____ (2022)". Justia. May 16, 2021. Retrieved June 27, 2022.
- ^ Lawrence v. Texas, 539 U.S. at 586.
- ^ Hunter, Nan D. (2004). "Living with Lawrence". Minnesota Law Review. 88:1104. This interpretation is more consistent with the open-ended balancing style that the more liberal justices have consistently advocated. San Antonio Indep. Sch. Dist. v. Rodriquez, 411 U.S. 1, 98 (Marshall, J., dissenting) (showing "disagreement with the Court's rigidified approach to equal protection analysis").
- ^ Washington v. Glucksberg, 521 U.S. 702 (1997) (Souter, J., concurring).
- ^ City of Cleburne v. Cleburne Living Ctr., 473 U.S. 432, 451 (1985) (Stevens, J., concurring): "I have never been persuaded that these so-called 'standards' adequately explain the decisional process."
- ^ Lofton v. Secretary of the Department of Children & Family Services, 358 F.3d 804 (United States Court of Appeals for the Eleventh Circuit 2004).
- ^ Witt v. Department of the Air Force, No. 06-35644.
- ^ "Tyron Garner, 39, Plaintiff in Pivotal Sodomy Case, Dies". The New York Times. September 15, 2006.
- ^ "John Lawrence, Plaintiff in Gay Rights Case, Dies at 68". The New York Times. December 23, 2011.
Works cited
- OCLC 761383909.
- ISBN 978-1-4548-4947-6.
- Nowak, John E.; OCLC 798148265.
Original case links
- Official oral arguments (Transcript)
- Reading of opinion (Transcript)
- Oral arguments (MP3 file)
- Reading of opinion (MP3 file)
Further reading
- Carpenter, Dale (2003). "The Unknown Past of Lawrence v. Texas" (PDF). Michigan Law Review. 102 (7). The Michigan Law Review Association: 1464–1527. JSTOR 4141912.
- Haider-Markel, Donald P. (2003). "Media Coverage of Lawrence v. Texas: An Analysis of Content, Tone, and Frames in National and Local News Reporting" (PDF). Archived from the original (PDF) on June 27, 2008. Retrieved June 22, 2008.
- Lithwick, Dahlia (March 12, 2012). "Extreme Makeover: The Story Behind the Story of Lawrence v. Texas". The New Yorker. Retrieved July 15, 2012. A lengthy review of Carpenter, Flagrant Conduct.
- Richards, David A.J. (2009). The Sodomy Cases: Bowers v. Hardwick and Lawrence v. Texas. University Press of Kansas.
- JSTOR 4093306.
- ISBN 978-0-8070-0036-6.
- Wilkes Jr., Donald E. (2003). Lawrence v. Texas: An Historic Human Rights Victory.
External links
- Works related to Lawrence v. Texas at Wikisource
- Text of Lawrence v. Texas, 539 U.S. 558 (2003) is available from: Cornell CourtListener Findlaw Google Scholar Justia Library of Congress OpenJurist Oyez (oral argument audio)
- The Invasion of Sexual Privacy