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{{caselaw|Lawrence v. Texas|539 U.S. 558|2003}}

{{caselaw|Lawrence v. Texas|539 U.S. 558|2003}}

'''''Lawrence v. Texas''''' was an landmark Supreme Court case where the Court found, by a vote of 6-3, that a Texas Sodomy Law which criminalized homosexual behavior was unconstitutional.  Although the court had addressed the same issue in 1986 (Bowers v. Hardwick where it upheld a similar Georgia statute by ruling there was no constitutional "right to privacy") The majority held that intimate consensual sexual conduct was part of the liberty protected under the Fourteenth Amendment.  Lawrence invalidated similar laws throughout the United States criminalizing homosexual activity between consenting adults acting in private.  

'''''Lawrence v. Texas''''' was an landmark Supreme Court case where the Court held, by a vote of 6-3, that a Texas anti-sodomy law, which criminalized homosexual behavior, was unconstitutional.  Although the court had addressed the same issue in 1986 (Bowers v. Hardwick where it upheld a similar Georgia statute by ruling there was no constitutional "right to privacy") The majority held that intimate consensual sexual conduct was part of the liberty protected under the Fourteenth Amendment.  Lawrence invalidated similar laws throughout the United States criminalizing homosexual activity between consenting adults acting in private.  

The case attracted much public attention, and the outcome became cause for celebration within the homosexual rights movement.  Conversely, Lawrence v. Texas is consistently derided by conservatives as an extreme example of judicial activism.

The case attracted much public attention, and the outcome became cause for celebration within the homosexual rights movement.  Conversely, Lawrence v. Texas is consistently derided by conservatives as an extreme example of judicial activism.

== Facts of the Case, and Appellate Proceedings ==

== Facts of the Case, and Appellate Proceedings ==

Although a conviction was upheld at the trial level, the state of Texas quickly lost on appeal to the Texas intermediate appellate court, which sought to prevent the case from going to the federal Supreme Court by giving a quick victory to Lawrence, where it perceived that a likely liberal/moderate alliance would strike down the statute, issuing a landmark victory for [[gay rights]] which the Texas Supreme Court sought to avoid.  Giving Lawrence a victory, after all, would prevent any incentive to appeal.  However, after this decision was reached, the full court sought review of the case, and in a vote of 7 to 2 re-instated the conviction, allowing Lawrence's appeal to the Supreme Court.  These sorts of procedural mishaps often attend cases of great constitutional moment.

Although a conviction was upheld at the trial level, the state of Texas quickly lost on appeal to the Texas intermediate appellate court, which sought to prevent the case from going to the federal Supreme Court by giving a quick victory to Lawrence, where it perceived that a likely liberal/moderate alliance would strike down the statute, issuing a landmark victory for [[gay rights]] which the Texas Supreme Court sought to avoid.  Giving Lawrence a victory, after all, would prevent any incentive to appeal.  However, after this decision was reached, the full court sought review of the case, and in a vote of 7 to 2 re-instated the conviction, allowing Lawrence's appeal to the Supreme Court.  These sorts of procedural mishaps often attend cases of great constitutional moment.

Previous case law had held that regulations against sodomy were legal.<ref>''Bowers v. Hardwick'', 478 U.S. 186.  Justice Brennan sharply dissented from this case, in a dissenting opinion in many ways more liberal than the holding the Court ultimately accepted in ''Lawrence''.</ref>  ''Lawrence'' would specifically overrule ''Bowers.''

Previous case law had held that regulations against sodomy were legal.<ref>''Bowers v. Hardwick'', 478 U.S. 186.  Justice Brennan sharply dissented from this case, in a dissenting opinion in many ways more liberal than the holding the Court ultimately accepted in ''Lawrence''.</ref>  ''Lawrence'' specifically overruled ''Bowers.''

== Holding of the Majority, by Justice Kennedy ==

== Holding of the Majority, by Justice Kennedy ==