Congressional Digest

Supreme Court Debates September 2003 No. 6 Vol. 6
Background of Lawrence, et al. v. Texas

Antisodomy Laws

Homosexual Rights and Privacy in the Bedroom

Background of Lawrence, et al. v. Texas

Overview of Court Action on Gay Rights Issues

In 1998, sheriff’s officers, responding to a false report of a weapons disturbance, entered the private residence of John Geddes Lawrence, found Lawrence and Tyron Garner engaged in consensual sex, and arrested the two men for violating a Texas statute that prohibits homosexual sodomy. Under the Texas penal code, "A person commits an offense if he engages in deviate sexual intercourse with another individual of the same sex"; "deviate sexual intercourse" is defined to include oral or anal sex. Following their convictions, Lawrence and Garner challenged the statute on constitutional equal protection and due process privacy grounds. Although a panel…

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