Speaker: Charles A. Rosenthal (Harris County Houston, Texas, argued the cause for Texas) & Paul M. Smith (Argued the cause for the petitioners) with an introduction by Jeffrey Gold, Esq.
This CLE course, brought to you by CLE123, Inc. and Oyez.org, consists of the oral argument before the United States Supreme Court in Lawrence and Garner v. Texas, as well as a reading of the Court's decision. In this case, a sharply divided court was asked to strike down a Texas Law that criminalized consensual homosexual conduct. The argument is spirited and the Court is engaged and divided.
Facts of the case: Responding to a reported weapons disturbance in a private residence, Houston police entered John Lawrence's apartment and saw him and another adult man, Tyron Garner, engaging in a private, consensual sexual act. Lawrence and Garner were arrested and convicted of deviate sexual intercourse in violation of a Texas statute forbidding two persons of the same sex to engage in certain intimate sexual conduct. In affirming, the State Court of Appeals held that the statute was not unconstitutional under the Due Process Clause of the Fourteenth Amendment, with Bowers v. Hardwick, 478 U.S. 186 (1986), controlling.
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