PLS 460 Lawrence v Texas

PLS 460 Lawrence v Texas - central holding of Bowers...

Info iconThis preview shows page 1. Sign up to view the full content.

View Full Document Right Arrow Icon
Lawrence v Texas 539 U.S. 558 (2003) CASE SUMMARY PROCEDURAL POSTURE: On writ of certiorari, petitioners appealed a decision of the Court of Appeals of Texas, Fourteenth District, upholding Tex. Penal Code Ann. § 21.06(a) (2003). That state law made it a crime for two persons of the same sex to engage in certain intimate sexual conduct. OVERVIEW: The state appellate court's decision to uphold the Texas law was based upon the United States Supreme Court decision in Bowers. In considering the doctrine of stare decisis in the instant case, the Court held that there was no individual or societal reliance on Bowers of the sort that could counsel against overturning its holding once there were compelling reasons to do so. The Court further held that there were compelling reasons to overturn Bowers. The
Background image of page 1
This is the end of the preview. Sign up to access the rest of the document.

Unformatted text preview: central holding of Bowers demeaned the lives of homosexual persons. Petitioners were adults at the time of the alleged offense. Their conduct was in private and consensual. Petitioners were entitled to respect for their private lives. The State could not demean their existence or control their destiny by making their private sexual conduct a crime. The Court also noted that the reasoning and holding of Bowers had been rejected in other nations, and there was no showing that the United States' governmental interest was more legitimate or urgent. OUTCOME: The judgment of the state appellate court was reversed and remanded....
View Full Document

{[ snackBarMessage ]}

Ask a homework question - tutors are online