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In accordance with police procedures, the first to arrive, Joseph Quinn, took the lead both in approaching the scene and later in determining what charges to bring. He later reported seeing Lawrence and Garner having anal sex in the bedroom. A second officer reported seeing them engaged in oral sex, and two others did not report seeing the pair having sex. Lawrence repeatedly challenged the police for entering his home. Quinn had discretionary authority to charge them for a variety of offenses and to determine whether to arrest them. When Quinn considered charging them with having sex in violation of state law, he had to get an Assistant District Attorney to check the statutes to be certain they covered sexual activity inside a residence.
He was told that Texas' anti- sodomy statute, the "Homosexual Conduct" law, made it a Class C misdemeanor if someone "engages in deviate sexual intercourse with another individual of the same sex". Quinn decided to arrest Lawrence and Garner and charge them with having "deviate sex". In the separate arrest reports he filed for each, he wrote that he had seen the arrestee "engaged in deviate sexual conduct namely, anal sex, with another man". At a hearing the next day, they pleaded not guilty to a charge of "homosexual conduct". They were released toward midnight. He was sentenced to 30 days in jail but was released early.
The gay rights advocates from Lambda Legal litigating the case convinced Lawrence and Garner not to contest the charges and to plead no contest instead. When the defense attorneys realized that the fine was below the minimum required to permit them to appeal the convictions, they asked the judge to impose a higher penalty. Their attorneys asked the court to dismiss the charges against them on Fourteenth Amendment equal protection grounds, claiming that the law was unconstitutional since it prohibited sodomy between same-sex couples, but not between heterosexual couples.
They also asserted a right to privacy and that the Supreme Court's decision in Bowers v. Hardwick that found no privacy protection for consensual sex between homosexuals was "wrongly decided". The defendants again pleaded "no contest". Justice John S. Anderson and Chief Justice Paul Murphy found that the law violated the Equal Rights Amendment to the Texas Constitution, which bars discrimination based on sex, race, color, creed, or national origin. Harvey Hudson dissented. On March 15, , without hearing oral arguments, it reversed the three-judge panel's decision and upheld the law's constitutionality 7—2, denying both the substantive due process and equal protection arguments.
After a year's delay, on April 17, , that request was denied. Lambda Legal's Harlow called that decision "a major abdication of judicial responsibility". Bill Delmore, the Harris County prosecutor who argued the case, called the judges "big chickens" and said: In a petition for certiorari filed in the U. On December 2, , the Court agreed to hear the case. Lambda Legal coordinated the submission of sixteen amicus curiae briefs to complement their own brief.
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George , [ citation needed ] while the remainder represented religious and social conservatism. Several, including that of Liberty Counsel , depicted homosexuals as self-destructive, disease-prone, and promiscuous. The states of Alabama, South Carolina, and Utah advised the Court that unlike heterosexual sodomy, homosexual sodomy had "severe physical, emotional, psychological, and spiritual consequences".
At oral argument on March 26, , Paul M.
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Smith , an experienced litigator who had argued eight cases before the Supreme Court, spoke on behalf of the plaintiffs. Charles A. Rosenthal , District Attorney of Harris County, represented the state. On June 26, , the Supreme Court released its 6—3 decision striking down the Texas statute. Five justices held it violated due process guarantees, and a sixth, Sandra Day O'Connor , held it violated equal protection guarantees.
The five-member majority opinion overruled Bowers v. Hardwick and implicitly invalidated similar sodomy statutes in 13 other states. The Court held that homosexuals had a protected liberty interest to engage in private, sexual activity; that homosexuals' moral and sexual choices were entitled to constitutional protection; and that moral disapproval did not provide a legitimate justification for Texas's law criminalizing sodomy.
Kennedy wrote: The State cannot demean their existence or control their destiny by making their private sexual conduct a crime. He endorsed the views Justice Stevens had outlined in his dissent in Bowers and wrote: It ought not to remain binding precedent. Bowers v. Hardwick should be and now is overruled. Kennedy said that the Constitution protects "personal decisions relating to marriage, procreation, contraception, family relationships, [and] child rearing" and that homosexuals "may seek autonomy for these purposes.
Kennedy underscored the decision's focus on consensual adult sexual conduct in a private setting:.
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The present case does not involve minors. It does not involve persons who might be injured or coerced or who are situated in relationships where consent might not easily be refused. It does not involve public conduct or prostitution. It does not involve whether the government must give formal recognition to any relationship that homosexual persons seek to enter.
Justice Sandra Day O'Connor filed a concurring opinion in which she offered a different rationale for invalidating the Texas sodomy statute. She disagreed with the overturning of Bowers —she had been in the Bowers majority—and disputed the court's invocation of due process guarantees of liberty in this context. Rather than including sexuality under protected liberty, she would strike down the law as violating the equal protection clause because it criminalized male—male but not male—female sodomy.
O'Connor maintained that a sodomy law that was neutral both in effect and application might be constitutional, but that there was little to fear because "democratic society" would not tolerate it for long. O'Connor noted that a law limiting marriage to heterosexual couples would pass the rational scrutiny as long as it was designed to "preserv[e] the traditional institution of marriage" and not simply based on the state's dislike of homosexual persons.
Rehnquist and Justice Clarence Thomas joined. Scalia objected to the Court's decision to revisit Bowers , pointing out many decisions from lower courts that relied on Bowers that might now need to be reconsidered.
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Wade , which some of the Justices in the majority in Lawrence had upheld in Planned Parenthood v. Casey Scalia also criticized the majority opinion for failing to give the same respect to stare decisis that three of those in the majority had insisted on in Casey. Evans "have stare decisis effect, Texas' sodomy law would not pass scrutiny under the Equal Protection Clause, regardless of the type of rational basis review " applied.
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Scalia wrote that if the court was not prepared to validate laws based on moral choices as it had done in Bowers , state laws against bigamy, same-sex marriage, adult incest, prostitution, masturbation, adultery, fornication, bestiality, and obscenity would not prove sustainable. Today's opinion is the product of a Court, which is the product of a law-profession culture, that has largely signed on to the so-called homosexual agenda , by which I mean the agenda promoted by some homosexual activists directed at eliminating the moral opprobrium that has traditionally attached to homosexual conduct.
He cited the majority opinion's concern that the criminalization of sodomy could be the basis for discrimination against homosexuals as evidence that the majority ignored the views of most Americans:. So imbued is the Court with the law profession's anti-anti-homosexual culture, that it is seemingly unaware that the attitudes of that culture are not obviously "mainstream"; that in most States what the Court calls "discrimination" against those who engage in homosexual acts is perfectly legal.
He continued: Justice Thomas wrote in a separate, two-paragraph dissent that the law the Court struck down was "uncommonly silly", a phrase from Justice Potter Stewart 's dissent in Griswold v.