Lawrence v Texas

• Lawrence v. Texas, 539 U.S. 558 (2003)

OCTOBER TERM, 2002 Syllabus LAWRENCE ET AL. v. TEXAS CERTIORARI TO THE COURT OF APPEALS OF TEXAS, FOURTEENT...

• U.S. Supreme Court

• Lawrence v. Texas

ISSUE Gay and Lesbian Rights HOW TO USE MILESTONES IN THE LAW This section allows readers to investigate the facts, the arguments, a...

• West's Encyclopedia of American Law
• Milestones in the Law

• Defining One's Own Concept of Existence and the Meaning of the Universe: The Presumption of Liberty in Lawrence V. Texas

The US Supreme Court's decision in Lawrence v. Texas, the landmark 2003 ruling overturning a Texas statute criminalizing homosexual sodomy, strikes at the very heart of a debate that has been raging in academic and political circles. This article argues that if the government fails to show that its restrictions on individual exercises of liberty are not necessary and proper regulations of behavior harmful to others, the mere claim that the government is upholding morality grounded in "history" or "traditions" should not justify such restrictions on liberty. This article gives an overview of the Court's substantive due process jurisprudence in order to give context to Lawrence's potential reach beyond sexual autonomy cases. The article offers a particular interpretation of the majority o...

• Brigham Young University Law Review
• Vol. 2006 Nbr. 3, May 2006

• The Transcendent Dimensions of Private Places: Personhood and the Law in Lawrence V. Texas and Angels in America

Thompson examines in detail the conception of identity underlying the characterization of gay people offered by the Supreme Court in Lawrence v. Texas, and by comparing it to the modes by which gay people and their relationships are presented in Angels in America. Upon it, he arrive at some general conclusions about the place of sexuality in the notion of the person and, more broadly, about the place of the person in the notion of the law.

• Triquarterly
• Nbr. 124, January 2006

• Is Article 125, Sodomy a Dead Letter in Light of Lawrence V. Texas and the New Article 120?

Like Miracle Max's patient in The Princess Bride, maybe Article 125 is only mostly dead thus still slightly alive? Since the inception of the Uniform Code of Military Justice (UCMJ) in 1950,2 the military has used Article 125 to prosecute consensual and non-consensual sexual conduct.3 Since its creation and until recently, sodomy law has remained relatively unchanged and full of life.4 Sodomy is an unnatural carnal copulation with another person or animal: including fellatio, cunnilingus, or anal sex.5 Sodomy is a general intent crime punishable regardless of the consent or the age of the parties.6 There are three kinds of sodomy.

• Army Lawyer, The
• Nbr. 1/2009, January 2009

• Where Everything Old Is New Again-Enduring Episodic Discrimination Against Homosexual Persons*

Current legal treatment of homosexuals is best understood as a new episode of discrimination, in which old paradigms combine and coalesce in novel ways. This article attempts to situate the state of gay and lesbian legal status within an illustrative historical construct. It examines the treatment of homosexual persons during the Progressive Era, surveying the approximately thirty years from 1886 to 1915. It then shifts to the dawn of the Cold War Era, and the roughly fifteen-year period from 1946 to 1961 when homosexuals faced unprecedented discrimination in the name of national security. It demonstrates how the arguments advanced against homosexuals during these two episodes have resurfaced and reinvigorated anti-gay rhetoric during this past decade's episode. Particular attention is ...

...-granted hostility,"4 even in the wake of Lawrence v. Texas.5. Current legal treatment of homosexuals...

• Texas Law Review
• Vol. 84 Nbr. 6, May 2006

• Raining on the parade of horribles: of slippery slopes, faux slopes, and Justice Scalia's dissent in Lawrence v. Texas.

INTRODUCTION Anyone else bored to tears with the "slippery slope" arguments against gay marriage? Since few opponents of homosexual unions are brave...

• University of Pennsylvania Law Review
• Vol. 153 Nbr. 3, January 2005

• A minor exception? The impact of Lawrence v. Texas on LGBT youth.

I. INTRODUCTION In our nation's cities, tens of thousands of teenagers live on the streets. (1) In major urban centers like New York, San Francisco,...

• Journal of Criminal Law and Criminology
• Vol. 95 Nbr. 4, June 2005

• Lawrence v. Texas

The Supreme Court issued a landmark decision in Lawrence v. Texas, 539 U.S., 123 S.Ct. 2472, 156 L.Ed.2d 508 (2003), striking...

• West's Encyclopedia of American Law
• Jap–Ma

• 'Don't Ask' Challenge Gains Legal Traction in '03 Ruling ; Court Cited Right to Gay Sex

The current court challenge to the military's "don't ask, don't tell" policy on homosexuality is far from the first, but a notable 2003 Supreme Court decision may help make it the most likely to succeed. S. District Judge Virginia A. Phillips in California last month declared "don't ask, don't tell" unconstitutional after a trial that included arguments attacking the policy that bans openly gay service members based on a high court ruling striking down a Texas law against sodomy in a case known as Lawrence v. Texas.

• The Washington Times
• October 25, 2010