Lawrence v. Texas , U. Supreme Court in which the Court ruled that U. Constitution provides, even though it is not explicitly enumerated. In , John Geddes Lawrence Jr. Garner's former boyfriend had called the police, claiming that there was a man with a weapon in the apartment. Sheriff's deputies said they found the men engaging in sexual intercourse. Lawrence and Garner were charged with a misdemeanor under Texas' anti-sodomy law ; both pleaded no contest and received a fine.
Assisted by the American civil rights organization Lambda Legal , Lawrence and Garner appealed their sentences to the Texas Courts of Appeals , which ruled in that the sodomy law was unconstitutional. Texas appealed to have the court rehear the case en banc , and in it overturned its prior judgment and upheld the law.
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Lawrence appealed this decision to the Texas Court of Criminal Appeals , which denied his request for appeal. Lawrence then appealed to the U. Supreme Court, which agreed to hear his case.
The Supreme Court struck down the sodomy law in Texas in a 6β3 decision, and by extension invalidated sodomy laws in 13 other states, making all forms of private, consensual non-procreative sexual activities between two consenting individuals of either sex especially of the same sex legal in every U.
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The Court, with a five-justice majority, overturned its previous ruling on the same issue in the case Bowers v. Hardwick , where it upheld a challenged Georgia statute and did not find a constitutional protection of sexual privacy. It explicitly overruled Bowers , holding that it had viewed the liberty interest too narrowly.
