Lawrence v. Texas

Lawrence was convicted of engaging in homosexual conduct under Section 21.06 of the Texas Penal Code, which makes it a Class C misdemeanor for a person to engage "in deviate sexual intercourse with another individual of the same sex." Lawrence challenged the constitutionality of the statute, contending that it offends the equal protection and privacy guarantees assured by both the state and federal constitutions. The Texas Court of Appeals found no constitutional infringement.

Questions Presented:
1. Whether 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 Petitioners’ 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?

3. Whether Bowers v. Hardwick, 478 U.S. 186 (1986), should be overruled?

Decision under Review

Supreme Court Opinion

Commentary

Edited Case