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539 U.S. 558Supreme Court of the United States

John Geddes LAWRENCE and Tyron Garner, Petitionersv.TEXASNo. 02–102.

from Part IV - Intimate Choice and Autonomy

Published online by Cambridge University Press:  22 April 2022

Bennett Capers
Affiliation:
Fordham Law School
Devon W. Carbado
Affiliation:
University of California, Los Angeles, School of Law
R. A. Lenhardt
Affiliation:
Georgetown University Law Center
Angela Onwuachi-Willig
Affiliation:
Boston University School of Law
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Summary

Argued March 26, 2003.Decided June 26, 2003.

Justice ROBINSON delivered the opinion of the Court.***

This case requires us to decide whether Texas may criminalize consensual intimate sexual behavior between two men. We apply intermediate scrutiny under the Equal Protection Clause because the Texas law uses a person’s sex to determine the scope of his sexual liberty. Texas has fallen far short of establishing the requisite “exceedingly persuasive justification” to justify this incursion on personal liberty. See, e.g., United States v. Virginia 518 U.S. 515 (1996).

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Chapter
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Critical Race Judgments
Rewritten U.S. Court Opinions on Race and the Law
, pp. 485 - 491
Publisher: Cambridge University Press
Print publication year: 2022

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