Compare And Contrast Lawrence Vs Texas
Americans view the Constitution as the Holy Grail to guide our country and provide meaning of the law. It also gives a designation of powers to each branch and the states. Our essential freedoms are specified to us by the Constitution and have been stripped away from some individuals based on their sexual preference. In the Lawrence v. Texas case, it proves that the Supreme Court is continually re-interpreting the Constitution. The fourteenth amendment was the amendment that had the greatest impact on individual rights, with its sole purpose to unite the union and provide equality of the nation. This amendment granted and guaranteed equal protection under constitutional law, and gave a sense of hope. It was to defend an individual no matter their race, religion, sexual orientation, and social status; and have the same
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constitutional guarantees as another. In regards to this amendment, it was mandatory that the state warranted due process and equal protection. Social times today are vastly different from those when the fourteenth amendment was written, and can be interpreted in various ways in what is covered under the law. Today, it is believed that the right to privacy is directed mainly in regards to homosexuals and their behavior.
1In a 7-2 decision, written by Justice Anthony Kennedy, the Lawrence v. Texas case (2003) ruled that state laws were unconstitutional and the Supreme Court overturned the Texas law as a violation of the right to privacy and the Equal Protection clause of the fourteenth Amendment. 2The majority opinion indicates that the Court of Appeals considered their decision in Bowers v. Hardwick to be controlling on the federal due process aspect of the case. Harris County Police officers were dispatched to Lawrence’s home in response to a weapon disturbance, where he was found engaged in sexual activity with another man, and they were arrested under a Texas ruling that prohibited such behavior between two men. 2The effect of Texas' sodomy law is not just limited to the threat of prosecution or consequence of conviction. Texas' sodomy law brands all homosexuals as criminals, thereby making it more difficult for homosexuals to be treated in the same manner as everyone else. The state has no legitimate right to interfere with the right of privacy, and this
historic case shows that the Court Justices interpret the Constitution in very different ways. The case should be decided by determining whether or not the two men were free as adults to interact in the private behavior in the use of their freedom under the Constitution. Intimate sexual conduct, between two consented adults, is in fact a liberty under the Due Process Clause of the fourteenth amendment. 1This clause protects a substantive right to the personal liberty in intimate decisions. In today’s society, homosexuality is still an issue, but is more openly accepted as a norm. Many people are especially not concerned with, or affected by what citizens due in the privacy of their homes. As the Constitution continues to be the core structure of the country, people in every generation can raise its principles in their own perspective of freedom. The court’s decisions reflect the increasingly progressive view on the issue of homosexuality and homosexual rights. An issue that is still present is whether the majority decision may use the power of the State to control the views on the society as a whole through the function of the law. The Supreme Court Justices are to only interpret the law and not persuade the people to agree with their beliefs.
The fourteenth amendment is the most important to our Constitution regarding our rights as citizens and the core structure behind the Constitution. By treating all the states equally, this amendment helps unite the states of this nation. One of the great qualities is that it offers many freedoms to the states and to the country as a whole. Without the fourteenth amendment, none of us would be guaranteed the rights equally to one another. In the end, the Lawrence v. Texas case provided protection of privacy and transformed the Court's power to classify what individual rights are defined as under constitutional law.
constitutional guarantees as another. In regards to this amendment, it was mandatory that the state warranted due process and equal protection. Social times today are vastly different from those when the fourteenth amendment was written, and can be interpreted in various ways in what is covered under the law. Today, it is believed that the right to privacy is directed mainly in regards to homosexuals and their behavior.
1In a 7-2 decision, written by Justice Anthony Kennedy, the Lawrence v. Texas case (2003) ruled that state laws were unconstitutional and the Supreme Court overturned the Texas law as a violation of the right to privacy and the Equal Protection clause of the fourteenth Amendment. 2The majority opinion indicates that the Court of Appeals considered their decision in Bowers v. Hardwick to be controlling on the federal due process aspect of the case. Harris County Police officers were dispatched to Lawrence’s home in response to a weapon disturbance, where he was found engaged in sexual activity with another man, and they were arrested under a Texas ruling that prohibited such behavior between two men. 2The effect of Texas' sodomy law is not just limited to the threat of prosecution or consequence of conviction. Texas' sodomy law brands all homosexuals as criminals, thereby making it more difficult for homosexuals to be treated in the same manner as everyone else. The state has no legitimate right to interfere with the right of privacy, and this
historic case shows that the Court Justices interpret the Constitution in very different ways. The case should be decided by determining whether or not the two men were free as adults to interact in the private behavior in the use of their freedom under the Constitution. Intimate sexual conduct, between two consented adults, is in fact a liberty under the Due Process Clause of the fourteenth amendment. 1This clause protects a substantive right to the personal liberty in intimate decisions. In today’s society, homosexuality is still an issue, but is more openly accepted as a norm. Many people are especially not concerned with, or affected by what citizens due in the privacy of their homes. As the Constitution continues to be the core structure of the country, people in every generation can raise its principles in their own perspective of freedom. The court’s decisions reflect the increasingly progressive view on the issue of homosexuality and homosexual rights. An issue that is still present is whether the majority decision may use the power of the State to control the views on the society as a whole through the function of the law. The Supreme Court Justices are to only interpret the law and not persuade the people to agree with their beliefs.
The fourteenth amendment is the most important to our Constitution regarding our rights as citizens and the core structure behind the Constitution. By treating all the states equally, this amendment helps unite the states of this nation. One of the great qualities is that it offers many freedoms to the states and to the country as a whole. Without the fourteenth amendment, none of us would be guaranteed the rights equally to one another. In the end, the Lawrence v. Texas case provided protection of privacy and transformed the Court's power to classify what individual rights are defined as under constitutional law.