Lawrence+v.+Texas

//John Geddes Lawrence and Tyron Garner v Texas//

Argued: March 26th, 2003 Decided: June 26th, 2003
 * //Important Dates://**


 * //Premise://** Did the law violate the due process clause of the Fourteenth Amendment?


 * //Background://** Police responded to a report of disturbance in a private residence and found two men engaged in a consensual sexual act. They were arrested and later convicted of violating the Texas law forbidding two persons of the same sex engaging certain kinds of sexual activity.


 * //Opinion of the Court://** Delivered by Justice Kennedy.The Court ruled against the state of Texas and struck down the law forbidding private and consensual homosexual activity. Under the rights of individuals to liberty (due process) they could participate in such acts. There is no legitimate public interest that justifies the state government's intrusion to private homosexual behavior of consenting adults.


 * //Dissenting Opinion://** Justices Scalia, Thomas, and Rehnquist. Criticized the court for readily overturning a precedent. It doesn't infringe on a "fundamental right" nor is it unsupported by a rational relation to what the Constitution considers a legitimate state interest, nor denies equal protection of laws.

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