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    Lawrence v. Texas

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    Rukmini Dasi Rosemary Guevara
    The Supreme Court ruled that a Texas law prohibiting same-sex intimate conduct violates the Due Process Clause. The Court overruled its prior decision in Bowers v. Hardwick, finding that individuals have a right to engage in private intimate conduct without government intervention. The Court held that the Texas law furthered no legitimate state interest to justify intruding into individuals' personal lives.

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    Lawrence v. Texas

    Uploaded by

    Rukmini Dasi Rosemary Guevara
    20 views1 page
    The Supreme Court ruled that a Texas law prohibiting same-sex intimate conduct violates the Due Process Clause. The Court overruled its prior decision in Bowers v. Hardwick, finding that individuals have a right to engage in private intimate conduct without government intervention. The Court held that the Texas law furthered no legitimate state interest to justify intruding into individuals' personal lives.

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    The Supreme Court ruled that a Texas law prohibiting same-sex intimate conduct violates the Due Process Clause. The Court overruled its prior decision in Bowers v. Hardwick, finding that individuals have a right to engage in private intimate conduct without government intervention. The Court held that the Texas law furthered no legitimate state interest to justify intruding into individuals' personal lives.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    20 views1 page

    Lawrence v. Texas

    Uploaded by

    Rukmini Dasi Rosemary Guevara
    The Supreme Court ruled that a Texas law prohibiting same-sex intimate conduct violates the Due Process Clause. The Court overruled its prior decision in Bowers v. Hardwick, finding that individuals have a right to engage in private intimate conduct without government intervention. The Court held that the Texas law furthered no legitimate state interest to justify intruding into individuals' personal lives.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 1

    LAWRENCE v.

    TEXAS (TRINA)
    October 2002 | Due process RATIO:
    1. Bowers' rationale does not withstand careful analysis. In his
    PETITIONER: Lawrence, et. al. dissenting opinion in Bowers, JUSTICE STEVENS concluded
    RESPONDENTS: Court of Appeals of Texas that:
    a. the fact a State's governing majority has traditionally
    SUMMARY: Houston police entered the apartment unit of Lawrence to viewed a particular practice as immoral is not a sufficient
    investigate weapon disturbance. However, they were met with Lawrence reason for upholding a law prohibiting the practice, and
    and Garner in the act of sexual conduct. They were arrested for violating a b. individual decisions concerning the intimacies of physical
    Texas law wherein it is prohibited for the same sex to conduct intimate relationships, even when not intended to produce
    acts. However, the Court ruled that such law violates the Due Process offspring, are a form of “liberty” protected by due
    Clause process.
    2. That analysis should have controlled Bowers, and it controls here.
    DOCTRINE: Petitioners' right to liberty under the Due Process Clause Bowers was not correct when it was decided, is not correct today,
    gives them the full right to engage in private conduct without government and is hereby overruled. This case does not involve minors,
    intervention. The Texas statute furthers no legitimate state interest which persons who might be injured or coerced, those who might not
    can justify its intrusion into the individual's personal and private life. easily refuse consent, or public conduct or prostitution. It does
    involve two adults who, with full and mutual consent, engaged in
    sexual practices common to a homosexual lifestyle. Petitioners'
    right to liberty under the Due Process Clause gives them the full
    FACTS: right to engage in private conduct without government
    1. Responding to a reported weapons disturbance in a private intervention. The Texas statute furthers no legitimate state interest
    residence, Houston police entered petitioner Lawrence's apartment which can justify its intrusion into the individual's personal and
    and saw him and another adult man, petitioner Garner, engaging in private life.
    a private, consensual sexual act.
    2. Petitioners were arrested and convicted of deviate sexual
    intercourse in violation of a Texas statute forbidding two persons
    of the same sex to engage in certain intimate sexual conduct.
    3. In affirming, the State Court of Appeals held, inter alia, that the
    statute was not unconstitutional under the Due Process Clause of
    the Fourteenth Amendment. The court considered Bowers v.
    Hardwick controlling on that point.

    ISSUE/s:
    1. WoN the Texas statute forbidding 2 people of the same sex to
    engage in intimate sexual conduct is unconstitutional – YES

    RULING: 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.

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