Docket 02-102
Lawrence v. Texas
DecidedJun 26, 2003
6-3decision
Source: CourtListener.
Supreme Court strikes down Texas law criminalizing same-sex sodomy between consenting adults
What it does
The ruling strikes down Texas's law banning same-sex "deviate sexual intercourse" as a violation of the Due Process Clause's protection of liberty, and it overrules the Court's 1986 decision in Bowers v. Hardwick, which had upheld a similar Georgia law. States can no longer criminalize private, consensual sexual conduct between adults of the same sex.
Who benefits
Adults who engage in private, consensual same-sex sexual conduct, who can no longer be prosecuted as criminals for that conduct and are relieved of the collateral consequences of such convictions (such as professional licensing restrictions and sex-offender registration in some states).
Who is affected
State governments in the thirteen states that still had sodomy laws on the books lose the authority to enforce those laws against private consensual adult conduct; officials who relied on such laws to justify other forms of regulation of sexual morality face new constitutional questions about those laws.
Practical impact
State sodomy laws targeting private consensual adult conduct become unenforceable nationwide, and individuals can no longer be criminally prosecuted, registered as sex offenders, or face professional licensing consequences for such conduct. The decision also removed a legal foundation that other laws and policies had relied on Bowers to justify morality-based regulation, prompting later litigation over related issues such as same-sex marriage.
Majority reasoning
The majority, led by Justice Kennedy, held that liberty under the Due Process Clause extends beyond physical spaces to protect autonomy in personal decisions, including intimate sexual conduct between consenting adults. It found that Bowers had misapprehended the claim at stake by framing it narrowly as a right to engage in sodomy rather than as part of a broader liberty interest in personal relationships. The Court concluded that the historical premises Bowers relied on were overstated, since American laws did not target homosexual conduct specifically until the last third of the 20th century, and that subsequent decisions like Casey and Romer had eroded Bowers's foundations. The majority determined there was no legitimate state interest that could justify the Texas law's intrusion into private, consensual adult conduct, and that moral disapproval alone was not sufficient justification, extending Justice Stevens's Bowers dissent as controlling reasoning. The Court explicitly stated the case did not involve minors, coercion, public conduct, prostitution, or the question of formal government recognition of same-sex relationships.
Dissent reasoning
Justice Scalia, joined by Chief Justice Rehnquist and Justice Thomas, argued the majority applied an inconsistent standard of stare decisis, noting that the same three-factor test used to justify overruling Bowers would equally justify overruling Roe v. Wade, which the majority had no intention of touching. He contended that the majority never actually declared homosexual conduct a "fundamental right" nor applied strict scrutiny, yet still struck down the law under an unprecedented form of rational-basis review, and that Bowers's historical conclusion that sodomy was long criminalized was correct and unrebutted. Scalia argued that if moral disapproval alone cannot justify a law, then laws against bigamy, adult incest, prostitution, and similar conduct are all called into question, and he rejected Justice O'Connor's equal-protection approach as offering no coherent limiting principle, warning it would jeopardize laws restricting marriage to opposite-sex couples. He concluded the Court had taken a side in a cultural debate that should be left to democratic processes rather than resolved by judicial invention of new constitutional rights. Justice Thomas separately wrote that while he personally viewed the Texas law as "uncommonly silly" and would vote to repeal it as a legislator, he found no general right of privacy in the Constitution's text and therefore dissented from the Court's holding.
Constitutional question
Does a state law that criminalizes consensual sexual conduct between adults of the same sex, but not the same conduct between opposite-sex adults, violate the Constitution?
Precedent changed
Overruled Bowers v. Hardwick (1986), which had held that the Due Process Clause did not protect a right to engage in consensual homosexual sodomy and that moral disapproval provided a rational basis for criminalizing such conduct.