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Lawrence V. Texas Case Study

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In the case of Lawrence v. Texas, the resolution of the case was dependent on the U. S. Supreme Court affirming the Texas statute forbidding two persons of the same sex to engage in sodomy was unconstitutional under the Fourteenth Amendment Due Process Clause. In order for the Court to do this they needed to consider the holding in Bowers v. Hardwick, 478 U.S. 186, by examining the issue of whether the U.S. Constitutional “confers a fundamental right upon homosexuals to engage in sodomy.” In Bowers the Court upheld Georgia’s anti-sodomy law, but what had changed in the case of Lawrence v. Texas that the Supreme Court abandoned stare decisis or the doctrine of precedent?

In order to fully under the case of Lawrence v. Texas one must reexamine the case of Bowers v. Hardwick. In 1982, Michael Hardwick was …show more content…
Texas, John Geddes Lawrence and Tyrone Garner were arrested at Lawrence’s apartment on September 17, 1998 initially for a false report of a “black man going crazy with a gun.” When police arrived, they were let in the unlocked apartment where Officer Joseph Quinn claim he saw Lawrence and Garner having anal sex in the bedroom. Another officer claim they were having oral sex. Subsequently, Lawrence and Garner were arrested under an anti-sodomy Texas penal code, that was a Class C misdemeanor for someone who engages in “deviant sexual intercourse” with another person of the same sex. After pleading no contest in their first case, the case was heard by the Texas Fourteenth Court of Appeals, who determined the Texas law was unconstitutional in that it violated the Texas Equal Rights Amendment. Later, the Court of Appeals reviewed the case en banc and reversed the ruling without hearing oral arguments, and determined the statute did not violate the Equal Protection or Due Process rights of the Constitution. The majority opinion considered Bowers v. Hardwick as the proper opinion that controlled the federal aspect (Justia,

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