He then reasoned that because state intrusions are equally burdensome on an individual's personal life regardless of his marital status or sexual orientation, there is no reason to treat the rights of citizens in same-sex couples any differently.
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.
1044 (2002)A Texas law classifying consensual, adult homosexual intercourse as illegal sodomy violated the privacy and liberty of adults to engage in private intimate conduct under the 14th Amendment. is a landmark decision by the United States Supreme Court. The Court, with a five-justice majority, overturned its previous ruling on the same issue in the 1986 case Bowers v.
Most judges were largely unsympathetic to the substantive due process claims raised. Connecticut (1965), the Supreme Court struck down a law barring the use of contraceptives by married couples.
Lawrence invalidated similar laws throughout the United States that criminalized sodomy between consenting adults acting in private, whatever the sex of the participants.
The Court held that intimate consensual sexual conduct was part of the liberty protected by substantive due process under the 14th Amendment.
Apparently outraged that Lawrence had been flirting with Garner, he called police and reported "a black male going crazy with a gun" at Lawrence's apartment. 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.
Four Harris County sheriff's deputies responded within minutes and Eubanks pointed them to the apartment. He later reported seeing Lawrence and Garner having anal sex in the bedroom.
Defendants convicted, Harris County Criminal Court (1999), rev'd, 2000 WL 729417 (Tex. Legal punishments for sodomy often included heavy fines, life prison sentences, or both, with some states, beginning with Illinois in 1827, denying other rights, such as suffrage, to anyone convicted of the crime of sodomy.
Hodges which recognized same-sex marriage as a fundamental right under the United States Constitution.
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".