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Lawrence v. Texas

At issue in this landmark Supreme Court Case, is the Due Process clause of the Fourteenth Amendment of our Constitution. Does the Constitution give individuals the fundamental right to engage in sodomy in the privacy of their own home? (p.1) This paper will attempt to prove that the constitution does grant that right using the opinion obtained from the Supreme Court web site as well as recent newspaper and magazine articles.

The 14th Amendment, which was ratified during the Reconstruction era to protect the rights of minorities, is the governing law in this case. (p.2, Foner) In a Houston, Texas apartment five years ago, local police were called to answer complaints of a gunshot. They legally entered the apartment of John Lawrence, who was engaged in sexual intercourse with another man. The two were arrested and convicted of performing a homosexual act and fined $200 according to Evan Thomas. (p2,) Texas had a statute which prohibited two persons of the same sex to engage in certain intimate sexual conduct. The Texas Supreme Court upheld this conviction, leading to this ruling.

The evolution of the 14th Amendment, according to Eric Foner in Our Living Constitution, to grant a constitutional right to privacy and to pre


The most immediate legal impact will occur in custody battles. The Newsweek article mentioned a Virginia custody battle where the judge attacked a lesbian, making her detail her sexual activity, then classifying her behavior as immoral. The Lawrence case will immediately impact cases like this.

Broadcaster Pat Robertson has asked his followers to pray for the retirement of judges that expressed support for gay rights. As with just about everything, politics will play a part in this issue. Rev. Lou Sheldon, president of the Traditional Values Coalition stated, ”people of faith are not going to lie down and allow their faith to be trampled because a politically correct court has run amok.” He thinks the current court is devoid of Judeo-Christian standards. (Evans, p.3.)

Some topics in this essay:
CNN/ Gallup, Supreme Court, Anthony Kennedy, Anton Scalia, Values Coalition, William Douglas, Canada June, Constitution Constitution, Boston Globe, Democrats Republicans, supreme court, consenting adults, 14th amendment, due process clause, sex engage, evans p3, sexual activity, gay rights, governing law, sexual orientation, gay marriage,

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Approximate Word count = 1189
Approximate Pages = 5 (250 words per page double spaced)


  

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