1In a 7-2 decision, written by Justice Anthony Kennedy, the Lawrence v. Texas case (2003) ruled that state laws were unconstitutional and the Supreme Court overturned the Texas law as a violation of the right to privacy and the Equal Protection clause of the fourteenth Amendment. 2The majority opinion indicates that the Court of Appeals considered their decision in Bowers v. Hardwick to be controlling on the federal due process aspect of the case. Harris County Police officers were dispatched to Lawrence’s home in response to a weapon disturbance, where he was found engaged in sexual activity with another man, and they were arrested under a Texas ruling that prohibited such behavior between two men. 2The effect of Texas' sodomy law is not just limited to the threat of prosecution or consequence of conviction. Texas' sodomy law brands all homosexuals as criminals, thereby making it more difficult for homosexuals to be treated in the same manner as everyone else. The state has no legitimate right to interfere with the right of privacy, and this
1In a 7-2 decision, written by Justice Anthony Kennedy, the Lawrence v. Texas case (2003) ruled that state laws were unconstitutional and the Supreme Court overturned the Texas law as a violation of the right to privacy and the Equal Protection clause of the fourteenth Amendment. 2The majority opinion indicates that the Court of Appeals considered their decision in Bowers v. Hardwick to be controlling on the federal due process aspect of the case. Harris County Police officers were dispatched to Lawrence’s home in response to a weapon disturbance, where he was found engaged in sexual activity with another man, and they were arrested under a Texas ruling that prohibited such behavior between two men. 2The effect of Texas' sodomy law is not just limited to the threat of prosecution or consequence of conviction. Texas' sodomy law brands all homosexuals as criminals, thereby making it more difficult for homosexuals to be treated in the same manner as everyone else. The state has no legitimate right to interfere with the right of privacy, and this