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Today In History: Lawrence vs. Texas Begins Its Journey Through The Courts

Jim Burroway

November 20th, 2008

Ten years ago today, on November 20, 1998, John Geddes Lawrence and Tyrone Garner pleaded no contest to charges of violating the Texas “Homosexual Conduct” law which banned “deviant sexual intercourse with another individual of the same sex.” They were convicted of the Class C misdemeanor by a Justice of the Peace in Houston, and were fined $250 with an additional $141.25 in court costs.

That conviction led to a series of appeals: the Texas Criminal Court (which rejected the defense’s request to dismiss the charges), a three-judge panel of the Texas 14th Court of Appeals (which ruled the law unconstitutional), and the full nine-judge panel of the 14th Court of Appeals (which reversed the three-judge panel).

The appeals then reached the Texas Court of Criminal Appeals, which serves as Texas’s Supreme Court for criminal cases. That court refused to hear the case, which left the lower court’s decision standing.

Lawrence vs. Texas was then appealed to the U.S. Supreme Court, which agreed to hear the case. On June 26, 2003, the U.S. Supreme Court, in a 6-3 ruling, struck down the Texas anti-sodomy law, along with similar laws in twelve other states.

At last report, John Lawrence still works as a medical technologist in Houston. Tyrone Garner died in 2006 of meningitis.

Comments

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SharonB
November 20th, 2008 | LINK

How many of these states still keep these statutes on the books, though, hoping for the day?

AlexM
November 20th, 2008 | LINK

SharronB, to answer your question:
According to SodomyLaws.org, Virginia, Oklahoma, and North Carolina still have them in the books. Also on that site, there’s a note for Virginia that says they continue to arrest and prosecute under that sodomy statute. That’s all I could find while my late supper cooks. Anybody have more in depth info?

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