The two men challenged the constitutionality of the Texas law, that criminalizes forms of sexual intimacy only for same-sex couples and not for anyone else in the State who has, the right to make a free choice to engage in the identical conduct. They are making two constitutional claims to the Court. First, among the fundamental rights that are implicit in our concept in order of liberty, must be the right of all adult couples, whether same-sex or not, to be free from unwarranted intrusion by the State into their personal decisions about their preferred forms of sexual expression. Second, there is no legitimate and rational justification under the Equal Protection Clause for a law that regulates forms of sexual intimacy that are permitted in the State only for same-sex couples, thereby by creating a kind of second class citizenship to that group of people. 

 

Justices Grill Lawyers In Supreme Court Gay Rights Case

It was a rough ride Wednesday for both sides in the biggest gay rights case to land before the Supreme Court in nearly two decades. The court was widely criticized for a ruling 17 years ago that upheld a similar sodomy ban. ~ Two News Articles ~

Supreme Court Seems Set to Reverse a Sodomy Law

A majority of the Supreme Court appeared ready today to overturn a Texas "homosexual conduct" law that criminalizes sexual practices between same-sex couples that are lawful in the state when performed by a man and a woman.

Excerpts From Arguments Before the Supreme Court ~ Read Excerpts ~

Complete Transcript of the Oral & Rebuttal Arguments and Justices Questions ~ Read PDF File ~

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Court Test of Gay Rights vs. Traditional Values [The Christian Science Monitor]

The landmark sodomy case holds implications for privacy rights and definition of marriage. Supporters of the law say there is no fundamental right in the Constitution to engage in certain homosexual acts. To strike down the Texas law, could create such a right and lay the legal groundwork for recognition of same-sex marriages.

High Court to Hear Texas Gay Rights Case

Review of Sodomy conviction seen as important by both sides of the issue. What legal observers are calling one of the most significant Supreme Court gay rights cases in recent history began almost by accident. The case retains enormous importance both for gay rights advocates, who say that laws such as the one in Texas make it easier to justify general discrimination against gays, and for opponents of gay rights, who say the states have the right to register official moral opposition to homosexual conduct.

Case of Two Texas Men Turns Into Major Gay Rights Battle Before the Supreme Court

John Lawrence and Tyron Garner could be called accidental activists. More than four years ago, police burst into Lawrence's apartment -- sent there by a bogus report of an armed intruder -- to find the two men engaged in consensual sex. The pair jailed overnight and charged with breaking Texas' Homosexual Conduct Law, which bans oral and anal sex between people of the same gender.