Judicial branch · Landmark case

Lawrence v. Texas

539 U.S. 558 (2003) · Opinion of the Court

DecidedJune 26, 2003
Vote6–3
AuthorJustice Kennedy
DispositionTexas same-sex sodomy statute struck down; Bowers v. Hardwick overruled

What you should know

This page explains the Court’s holding in plain language.

The controlling document is the Court’s opinion.

Holding

The Court held that the Texas statute making it a crime for two persons of the same sex to engage in certain intimate sexual conduct violates the Due Process Clause. The liberty protected by the Constitution allows homosexual persons the right to choose to enter upon relationships in the confines of their homes and their own private lives and still retain their dignity as free persons. Bowers v. Hardwick was overruled.

Background

Houston police entered John Lawrence’s apartment on a reported weapons disturbance and observed him and another man engaged in a sexual act. They were charged under Texas’s “Homosexual Conduct” law. The Court granted review to reconsider Bowers, which had upheld a similar Georgia statute in 1986.

Why this finding matters

Lawrence removed criminal penalties for private, consensual same-sex intimacy and became a major building block for later equality and dignity arguments, including Obergefell.

It shifted the constitutional analysis from a narrow focus on whether a right to engage in specific sexual conduct was “deeply rooted” to a broader liberty and dignity frame.

Vote and authorship

MajorityKennedy, J.
JoinStevens, Souter, Ginsburg, Breyer
ConcurrenceO’Connor, J. (equal protection)
DissentScalia, J. (joined by Rehnquist, C.J., Thomas); Thomas, J.

The State cannot demean their existence or control their destiny by making their private sexual conduct a crime.

Justice Kennedy · Lawrence v. Texas

How it fits in government

Judicial branch

Major substantive-due-process holding on intimate liberty.

Judicial

Fourteenth Amendment

Due Process Clause protection for private consensual adult intimacy.

Fourteenth Amendment

State & local government

Invalidates state criminal sodomy laws targeting same-sex conduct.

State & local government

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