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Why did the Supreme Court decide that the Texas law violated liberty and privacy interests?
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In Lawrence v. Texas (2003), the U.S. Supreme Court ruled that the Texas law criminalizing consensual same-sex sexual conduct was unconstitutional because it violated the liberty and privacy interests protected by the due process clause of the Fourteenth Amendment.1
Writing for the majority, Justice Anthony Kennedy asserted that liberty presumes an autonomy of self that includes freedom of thought, belief, expression, and certain intimate conduct. The Court determined that:1
- Protection of the Home: Liberty shields individuals from unwarranted government intrusions into their dwellings and other private spheres.1
- Transcendent Liberty: The Constitution protects the right of individuals to establish personal bonds with companions, which may include sexual relationships, regardless of whether the individuals are homosexual or heterosexual.1
- Flawed Precedent: The Court overruled Bowers v. Hardwick (1986), arguing that the previous decision failed to appreciate the extent of the liberty at stake by framing the issue too narrowly.1
Ultimately, the Court concluded that the state cannot be a dominant presence in the private lives of consenting adults, affirming that such intimate choices are fundamental aspects of personal liberty.1