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This 1 page Study Guide was uploaded by Blake Schlin on Friday February 13, 2015. The Study Guide belongs to LSP112 at DePaul University taught by Professor Lysik in Fall. Since its upload, it has received 222 views. For similar materials see Sexual Orientation/Law in Public Relations at DePaul University.
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Date Created: 02/13/15
Blake Schlin Sexual OrientationLaw Case Name Lawrence v Texas Essential Facts Two men Garner and Lawrence arrested for violating Texas statute men arrested for performing deviate sexual intercourse in privacy of a home The police entered the home because of a reported weapons disturbance Legal Issue Are deviate sexual acts prohibited by the state of Texas a liberty granted under the Due Process Clause of the 14th Amendment Holding and Reasoning of the Court In a 63 ruling delivered by Justice Kennedy the court ruled that intimate sexual conduct is a liberty protected under the Due Process Clause This case invalidated sodomy laws in Texas and 13 other states The court overturned its previous ruling in the 1986 Bowers case Evaluation of the Case The ruling was justified given the specifics of the case The consensual act happened between two adults This liberty trumps the original statue in the Bowers case Public Policy Questions Do homosexual individuals have the right to commit any sexual acts consensually ls sodomy between two minors in the privacy of the home illegal Concurring Opinion Justice Sandra Day O Connor The concurrence has to do with an equal protection right not necessarily the Due Process Clause There have been consistent outcomes reaching the decision that it is not in the states interests to harm a politically unpopular group Dissenting Opinion Justice Antonin Scalia Homosexual sodomy is not a fundamental right but a exercise of free liberty Therefore the law should be upheld bases on rational basis scrutiny
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