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Lawrence v. Texas - Case brief and notes
Course: Woman and law (PS-425)
25 Documents
Students shared 25 documents in this course
University: Portland State University
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Where it took place and the year: 2003 in Rehnquist court
Parties was Lawrence was arrested by the police vs. the state of Texas
Facts of the case: In response to an allegation of a disturbance involving
firearms, police were sent to the residence of John Lawrence . When the cops
entered the house, they saw Tyron and Lawrence Garner having a sexual act.
Lawrence and Garner were accused by the State of Texas of having
inappropriate sex with a person of the same sex. Lawrence and Garner requested
a second trial in criminal court after being found guilty by a Justice of the Peace.
The Equal Protection Clause was allegedly violated by the Act, according to
Lawrence and Garner.
The question of law? Do the criminal convictions of John Lawrence and Tyron
Garner 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
laws? Do their criminal convictions for adult consensual sexual intimacy in the
home violate their vital interests in liberty and privacy protected by the Due
Process Clause of the Fourteenth Amendment? Should Bowers v. Hardwick, 478
U.S. 186 (1986), be overruled?
Source: https://www.oyez.org/cases/2002/02-102
The Holding: The court had a 6-3 Decision. And Lawrence wins
Ruling: The Texas law that makes it illegal for two people of the same sex to
engage in specific intimate sexual acts is unconstitutional, according to the
Supreme Court. The Court reasoned that the issue hinged on whether Lawrence
and Garner were free as adults to participate in the private behavior in the
exercise of their liberties under the Due Process Clause after outlining what it
considered to be the dubious and overblown premises of Bowers.
According to Justice Kennedy, "their right to liberty under the Due Process
Clause affords them the entire freedom to participate in their activity without
government intervention." Justice Kennedy stated, "The Texas legislation
advances no legitimate state purpose which may justify its intrusion into the
personal and private life of the individual." The Court thus rejected Bowers.
Justice Sandra Day O'Connor submitted a concurring opinion to the ruling.
Dissenting opinions were filed by Justices Clarence Thomas and Antonin Scalia,
who were joined by Chief Justice William H. Rehnquist.
Lawrence v. Texas
Tuesday, February 14, 2023
11:05 PM
