Thursday, June 26, 2003
WASHINGTON The U.S.
Supreme Court (search) rejected Texas' gay sex ban
Thursday, ruling that a state law that
punished homosexual couples for engaging in sex acts that
are legal for heterosexuals was an unconstitutional violation
of privacy.
The justices struck down a Texas
Supreme Court (search) ruling that banned "deviate
sexual intercourse with another individual of the same sex."
Raw Data: Lawrence v. Texas (PDF)
The case was brought by two men who were
caught by police engaging in an illegal sex act at home.
The law "demeans the lives of homosexual
persons," Justice Anthony M. Kennedy (search) wrote for the 6-3 majority,
adding that the men "are entitled to respect for their
private lives."
"The state cannot demean their existence or
control their destiny by making their private sexual conduct a
crime," Kennedy wrote.
Justices John Paul Stevens, David Souter,
Ruth Bader Ginsburg and Stephen Breyer agreed with Kennedy in
full. Justice Sandra Day O'Connor agreed with the outcome of
the case, but not all of Kennedy's rationale.
Chief Justice William H. Rehnquist and
Justices Antonin Scalia and Clarence Thomas dissented.
"The court has largely signed on to the
so-called homosexual agenda," Scalia wrote for the three. He
took the unusual step of reading his dissent from the bench.
"The court has taken sides in the culture
war," Scalia said, adding that he has "nothing against
homosexuals."
Texas officials had defended the law before
the court, saying it promoted the institutions of
marriage and family, and arguing that communities have the
right to choose their own standards.
Ken Connor, president of the Family
Research Council (search), decried the court's decision,
saying it will help "overturn" and "deconstruct" the idea
of traditional marriage.
"The institution of families has lost,"
Connor told Fox News, pointing out that gay sex leads to a
significant number of sexually transmitted disease cases.
But Michael Adams, director of education
and public affairs at the Lambda Legal Defense and
Education Fund (search), hailed the ruling as a victory for
gay rights.
"This is not an issue about sexually
transmitted diseases, this is about what kind of country we're
going to have," he told Fox News. "Our right to privacy and
our right to equal treatment needs to be respected like
everybody else's."
Professor Paul Rothstein, a constitutional
law professor at Georgetown University, said the justices did
not strike down the Texas law because it treated gays
differently from heterosexuals, but rather because of how much
it violated people's privacy.
"These are acts, these sodomy acts, that
both heterosexuals and homosexuals engage in," Rothstein said.
"[The justices] chose much broader ground.
There are certain things you do in the privacy in your home
between consenting adults
that grants a very broad right to
people and prevents the states from infringing on it."
The court's decision reversed course from a
ruling 17 years ago that states could punish homosexuals for
what such laws historically called deviant sex.
The case was a major re-examination of the
rights and acceptance of gay people in the United States. More
broadly, it also tested a state's ability to classify as a
crime what goes on behind the closed bedroom doors of
consenting adults.
Laws forbidding homosexual sex, once
universal, now are rare. Those on the books are rarely
enforced but underpin other kinds of discrimination, lawyers
for the two Texas men had argued to the court.
The two men at the heart of the case, John
Geddes Lawrence and Tyron Garner, have retreated from public
view. They were each fined $200 and spent a night in jail for
the misdemeanor sex charge in 1998.
The case began when a neighbor with a
grudge faked a distress call to police, telling them that a
man was "going crazy" in Lawrence's apartment. Police went to
the apartment, pushed open the door and found the two men
having anal sex.
As recently as 1960, every state had an
anti-sodomy law. In 37 states, the statutes have been repealed
by lawmakers or blocked by state courts.
Of the 13 states with sodomy laws, four --
Texas, Kansas, Oklahoma and Missouri -- prohibit oral and anal
sex between same-sex couples. The other nine ban consensual
sodomy for everyone: Alabama, Florida, Idaho, Louisiana,
Mississippi, North Carolina, South Carolina, Utah and
Virginia.
Thursday's ruling apparently invalidates
those laws as well.
The Supreme Court was widely criticized 17
years ago when it upheld an antisodomy law similar to Texas'.
The ruling became a rallying point for gay activists.
Of the nine justices who ruled on the 1986
case, only three remain on the court. Rehnquist was in the
majority in that case -- Bowers v. Hardwick -- as was
O'Connor. Stevens dissented.
A long list of legal and medical groups
joined gay rights and human rights supporters in backing the
Texas men. Many friend-of-the-court briefs argued that times
have changed since 1986, and that the court should catch up.
At the time of the court's earlier ruling,
24 states criminalized such behavior. States that have since
repealed the laws include Georgia, where the 1986 case arose.
Texas defended its sodomy law as in keeping
with the state's interest in protecting marriage and
child-rearing. Homosexual sodomy, the state argued in legal
papers, "has nothing to do with marriage or conception or
parenthood and it is not on a par with these sacred choices."
The state had urged the court to draw a
constitutional line "at the threshold of the marital bedroom."
Although Texas itself did not make the
argument, some of the state's supporters told the justices in
friend-of-the-court filings that invalidating sodomy laws
could take the court down the path of allowing same-sex
marriage.
The case is Lawrence v. Texas, 02-102.
The Associated Press contributed to this
report.
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