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On this day, June 26, 2003, the Supreme Court handed down its decision in Lawrence v. Texas.
June 26 is sort of an unofficial Pride Day at the Supreme Court.
https://en.wikipedia.org/wiki/June_26
• 2003 – The U.S. Supreme Court rules in Lawrence v. Texas that gender-based sodomy laws are unconstitutional.
• 2013 – The U.S. Supreme Court ruled, 5–4, that Section 3 of the Defense of Marriage Act is unconstitutional and in violation of the Fifth Amendment to the United States Constitution.
• 2015 – The U.S. Supreme Court ruled, 5–4, that same-sex couples have a constitutional right to marriage under the 14th Amendment to the United States Constitution.
• 2003 – The U.S. Supreme Court rules in Lawrence v. Texas that gender-based sodomy laws are unconstitutional.
• 2013 – The U.S. Supreme Court ruled, 5–4, that Section 3 of the Defense of Marriage Act is unconstitutional and in violation of the Fifth Amendment to the United States Constitution.
• 2015 – The U.S. Supreme Court ruled, 5–4, that same-sex couples have a constitutional right to marriage under the 14th Amendment to the United States Constitution.
Not only that, but on June 26, 1969, patrons of Greenwich Village's Stonewall Inn were losing their patience.
Back to Lawrence. Here's the beginning of the article from Wikipedia that I copied and pasted in 2021 and 2022:
Lawrence v. Texas
Supreme Court of the United States
Argued: March 26, 2003
Decided: June 26, 2003
This case overturned a previous ruling or rulings
Bowers v. Hardwick (1986)
Lawrence v. Texas, 539 U.S. 558 (2003), was a landmark decision of the U.S. Supreme Court in which the Court ruled that sanctions of criminal punishment for those who commit sodomy are unconstitutional. The Court reaffirmed the concept of a "right to privacy" that earlier cases, such as Roe v. Wade, had found the U.S. Constitution provides, even though it is not explicitly enumerated. The Court based its ruling on the notions of personal autonomy to define one's own relationships and of American traditions of non-interference with private sexual decisions between consenting adults.
In 1998, John Geddes Lawrence Jr., an older white man, was arrested along with Tyron Garner, a younger black man, at Lawrence's apartment in Harris County, Texas. 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 2000 that the sodomy law was unconstitutional. Texas appealed to have the court rehear the case en banc, and in 2001 it overturned its prior judgment and upheld the law. Lawrence appealed this decision to the Texas Court of Criminal Appeals, which denied his request for appeal. Lawrence then appealed to the U.S. Supreme Court, which agreed to hear his case.
The Supreme Court struck down the sodomy law in Texas in a 6–3 decision and, by extension, invalidated sodomy laws in 13 other states, making same-sex sexual activity legal in every U.S. state and territory. The Court, with a five-justice majority, overturned its previous ruling on the same issue in the 1986 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. The Court held that intimate consensual sexual conduct was part of the liberty protected by substantive due process under the Due Process Clause of the Fourteenth Amendment to the U.S. Constitution. Lawrence invalidated similar laws throughout the United States that criminalized sodomy between consenting adults acting in private, whatever the sex of the participants.
The case attracted much public attention, and many amici curiae ( "friends of the court" ) briefs were filed. Its outcome was celebrated by gay rights advocates, and set the stage for further reconsideration of standing law, including the landmark case of Obergefell v. Hodges (2015) which recognized same-sex marriage as a fundamental right under the United States Constitution.
{snip}
Supreme Court of the United States
Argued: March 26, 2003
Decided: June 26, 2003
This case overturned a previous ruling or rulings
Bowers v. Hardwick (1986)
Lawrence v. Texas, 539 U.S. 558 (2003), was a landmark decision of the U.S. Supreme Court in which the Court ruled that sanctions of criminal punishment for those who commit sodomy are unconstitutional. The Court reaffirmed the concept of a "right to privacy" that earlier cases, such as Roe v. Wade, had found the U.S. Constitution provides, even though it is not explicitly enumerated. The Court based its ruling on the notions of personal autonomy to define one's own relationships and of American traditions of non-interference with private sexual decisions between consenting adults.
In 1998, John Geddes Lawrence Jr., an older white man, was arrested along with Tyron Garner, a younger black man, at Lawrence's apartment in Harris County, Texas. 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 2000 that the sodomy law was unconstitutional. Texas appealed to have the court rehear the case en banc, and in 2001 it overturned its prior judgment and upheld the law. Lawrence appealed this decision to the Texas Court of Criminal Appeals, which denied his request for appeal. Lawrence then appealed to the U.S. Supreme Court, which agreed to hear his case.
The Supreme Court struck down the sodomy law in Texas in a 6–3 decision and, by extension, invalidated sodomy laws in 13 other states, making same-sex sexual activity legal in every U.S. state and territory. The Court, with a five-justice majority, overturned its previous ruling on the same issue in the 1986 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. The Court held that intimate consensual sexual conduct was part of the liberty protected by substantive due process under the Due Process Clause of the Fourteenth Amendment to the U.S. Constitution. Lawrence invalidated similar laws throughout the United States that criminalized sodomy between consenting adults acting in private, whatever the sex of the participants.
The case attracted much public attention, and many amici curiae ( "friends of the court" ) briefs were filed. Its outcome was celebrated by gay rights advocates, and set the stage for further reconsideration of standing law, including the landmark case of Obergefell v. Hodges (2015) which recognized same-sex marriage as a fundamental right under the United States Constitution.
{snip}
Following Dobbs, the article was rewritten. The reference to Roe has been removed. Lawrence could easily be on the chopping block. Here are excerpts from 2023:
Lawrence v. Texas
Supreme Court of the United States
Argued March 26, 2003
Decided June 26, 2003
This case overturned a previous ruling or rulings
Bowers v. Hardwick (1986)
Lawrence v. Texas, 539 U.S. 558 (2003), is a landmark decision of the U.S. Supreme Court in which the Court ruled that most sanctions of criminal punishment for consensual, adult non-procreative sexual activity (commonly referred to as sodomy laws) are unconstitutional. The Court reaffirmed the concept of a "right to privacy" that earlier cases had found the U.S. Constitution provides, even though it is not explicitly enumerated. It based its ruling on the notions of personal autonomy to define one's own relationships and of American traditions of non-interference with private sexual decisions between consenting adults.
snip
Subsequent cases
{snip}
Same-sex marriage bans
A few months later, on November 18, 2003, the Massachusetts Supreme Judicial Court ruled that same-sex couples have a right to marry. Although deciding the case on the basis of the state constitution, Chief Justice Margaret Marshall quoted Lawrence in its second paragraph: "Our obligation is to define the liberty of all, not to mandate our own moral code."
Aside from Massachusetts, other state case law had been quite explicit in limiting the scope of Lawrence and upholding state bans on same-sex marriage regulations. (See Standhardt v. Superior Court ex rel County of Maricopa, 77 P.3d 451 (Ariz. App. 2003); Morrison v. Sadler, 821 N.E.2d 15 (Ind. App. 2005); Hernandez v Robles (7 NY3d 338 2005).)
In the first successful federal court challenge to a state same-sex marriage ban, Judge Vaughn Walker cited Scalia's dissent in his decision in Perry v. Schwarzenegger that found California's Proposition 8 banning same-sex marriage unconstitutional.
{snip}
United States military
The United States Court of Appeals for the Armed Forces, the last court of appeals for courts-martial before the Supreme Court, ruled that Lawrence applies to Article 125 of the Uniform Code of Military Justice, the article banning sodomy. It also twice upheld prosecutions under Article 125 when applied as necessary to preserve good order and discipline in the armed forces.
Dobbs v. Jackson Women's Health Organization
On June 24, 2022, the Supreme Court overturned Roe v. Wade (1973) in Dobbs v. Jackson Women's Health Organization and removed the federal protection of the right to abortion, on the grounds that the "right to privacy" does not extend to that of abortion on the criteria from Washington v. Glucksberg that a right must be "deeply rooted in the Nation's history", and abortion was considered a crime, a view that some historians argued is incomplete. In the majority opinion, Justice Samuel Alito responded to the dissent opinion's concerns, saying that the ruling would not affect other substantive due process cases. In his concurring opinion, Justice Clarence Thomas, wrote, "In future cases, we should reconsider all of this Court's substantive due process precedents, including Griswold, Lawrence, and Obergefell. Because any substantive due process decision is 'demonstrably erroneous' ... we have a duty to 'correct the error' established in those precedents." The three cases Thomas mentioned concerned contraception (Griswold), sodomy (Lawrence), and same-sex marriage (Obergefell). respectively. The joint dissenting opinion of Justices Stephen Breyer, Sonia Sotomayor, and Elena Kagan, which criticized the majority for rejecting stare decisis and overruling precedents dating back to Griswold, responded, "Either the majority does not really believe in its own reasoning. Or if it does, all rights that have no history stretching back to the mid-19th century are insecure. Either the mass of the majority's opinion is hypocrisy, or additional constitutional rights are under threat. It is one or the other."
{snip}
Supreme Court of the United States
Argued March 26, 2003
Decided June 26, 2003
This case overturned a previous ruling or rulings
Bowers v. Hardwick (1986)
Lawrence v. Texas, 539 U.S. 558 (2003), is a landmark decision of the U.S. Supreme Court in which the Court ruled that most sanctions of criminal punishment for consensual, adult non-procreative sexual activity (commonly referred to as sodomy laws) are unconstitutional. The Court reaffirmed the concept of a "right to privacy" that earlier cases had found the U.S. Constitution provides, even though it is not explicitly enumerated. It based its ruling on the notions of personal autonomy to define one's own relationships and of American traditions of non-interference with private sexual decisions between consenting adults.
snip
Subsequent cases
{snip}
Same-sex marriage bans
A few months later, on November 18, 2003, the Massachusetts Supreme Judicial Court ruled that same-sex couples have a right to marry. Although deciding the case on the basis of the state constitution, Chief Justice Margaret Marshall quoted Lawrence in its second paragraph: "Our obligation is to define the liberty of all, not to mandate our own moral code."
Aside from Massachusetts, other state case law had been quite explicit in limiting the scope of Lawrence and upholding state bans on same-sex marriage regulations. (See Standhardt v. Superior Court ex rel County of Maricopa, 77 P.3d 451 (Ariz. App. 2003); Morrison v. Sadler, 821 N.E.2d 15 (Ind. App. 2005); Hernandez v Robles (7 NY3d 338 2005).)
In the first successful federal court challenge to a state same-sex marriage ban, Judge Vaughn Walker cited Scalia's dissent in his decision in Perry v. Schwarzenegger that found California's Proposition 8 banning same-sex marriage unconstitutional.
{snip}
United States military
The United States Court of Appeals for the Armed Forces, the last court of appeals for courts-martial before the Supreme Court, ruled that Lawrence applies to Article 125 of the Uniform Code of Military Justice, the article banning sodomy. It also twice upheld prosecutions under Article 125 when applied as necessary to preserve good order and discipline in the armed forces.
Dobbs v. Jackson Women's Health Organization
On June 24, 2022, the Supreme Court overturned Roe v. Wade (1973) in Dobbs v. Jackson Women's Health Organization and removed the federal protection of the right to abortion, on the grounds that the "right to privacy" does not extend to that of abortion on the criteria from Washington v. Glucksberg that a right must be "deeply rooted in the Nation's history", and abortion was considered a crime, a view that some historians argued is incomplete. In the majority opinion, Justice Samuel Alito responded to the dissent opinion's concerns, saying that the ruling would not affect other substantive due process cases. In his concurring opinion, Justice Clarence Thomas, wrote, "In future cases, we should reconsider all of this Court's substantive due process precedents, including Griswold, Lawrence, and Obergefell. Because any substantive due process decision is 'demonstrably erroneous' ... we have a duty to 'correct the error' established in those precedents." The three cases Thomas mentioned concerned contraception (Griswold), sodomy (Lawrence), and same-sex marriage (Obergefell). respectively. The joint dissenting opinion of Justices Stephen Breyer, Sonia Sotomayor, and Elena Kagan, which criticized the majority for rejecting stare decisis and overruling precedents dating back to Griswold, responded, "Either the majority does not really believe in its own reasoning. Or if it does, all rights that have no history stretching back to the mid-19th century are insecure. Either the mass of the majority's opinion is hypocrisy, or additional constitutional rights are under threat. It is one or the other."
{snip}
Mon Jun 26, 2023: On this day, June 26, 2003, Lawrence v. Texas, reaffirming a right to privacy, was decided.
Sun Jun 26, 2022: On this day, June 26, 2003, Lawrence v. Texas was decided.
Sat Jun 26, 2021: On this day, June 26, 2003, Lawrence v. Texas was decided.
Fri Jun 26, 2020: On this day, June 26, at SCOTUS: Lawrence v. Texas, United States v. Windsor, Obergefell v. Hodges
Wed Jun 26, 2019: June 26, Equal Rights Day at SCOTUS: Lawrence (2003), Windsor and Perry (2013), Obergefell (2015)
Fri Jun 26, 2015: UPDATED: Marriage Equality Granted 5 to 4
Wed Jun 26, 2013: BREAKING: Supreme Court Says DOMA Is Unconstitutional
For more articles, see DU's archives:
https://www.democraticunderground.com/?com=archives&date=2015x6x26
https://www.democraticunderground.com/?com=archives&date=2013x6x26