Lawrence v. Texas and the History of Gay Rights Essay

Lawrence v. Texas and the History of Gay Rights Essay

Length: 2561 words (7.3 double-spaced pages)

Rating: Research Papers

Open Document

Essay Preview

Gay rights have always faced an uphill battle in a country like America, one founded with Puritanical ideals rife with sexual repression. Viewed as sexual deviants and detrimental to society, the LGBT community has fought discrimination long before the acronym for the gay community ever even existed. The public fight for sexual equality goes all the way back to the 1920s, when “The Society for Human Rights in Chicago [became] the country's earliest known gay rights organization” (Infoplease 2013). The Stonewall Riots of 1969 sparked a national fire, depicting for the first time gays quite literally fighting for their right to exist. Then the 70s came, with Harvey Milk first failing in a campaign to become San Francisco’s city supervisor, only to later be appointed to the Board of Permit Appeals, making Milk “the first openly gay city commissioner in the United States.” Milk was assassinated in 1978, but not before serving a vital role in blocking Proposition 6, a proposal that would “fire any teacher or school employee who publicly supports gay rights.” Throughout this rich and varied history of gay civil rights, one important piece of the American government has been missing: the United States Supreme Court. It was not until 1986 in Bowers v. Hardwick that the Court stepped into the ring. Unfortunately the nine Justices entered the foray on the wrong side of history, supporting the legality of anti-sodomy laws and sending a clear message to the public that the gay community would find no friends on the court. That is, until 2003 with Lawrence v. Texas, where the Supreme Court acted with a dynamic court view by overruling Bowers v. Hardwick and striking down decades of anti-sodomy law.
The Supreme Court first ruled on the issue ...


... middle of paper ...


...ovember 2013. .
LAWRENCE AND GARNER v. TEXAS. The Oyez Project at IIT Chicago-Kent College of Law. 21 November 2013. .
Denniston, Lyle. “Is the ‘Rule of Four’ Fully Intact?” Yale Law School Panel Discussion (2009).
Stoddard, Thomas B. “Bowers v. Hardwick: Precedent by Personal Predilection.” The University of Chicago Law Review , Vol. 54, No. 2 (Spring, 1987), pp. 648-656
"LAWRENCE V. TEXAS." Legal Information Institute. Cornell University, 26 June 2003. Web. 23 Nov. 2013.
Perlin, Adams A. “Impeachment of Samuel Chase: Redefining Judicial Independence, The.” Rutgers Law Review. Vol. 62, p. 726.
"Congress Profiles." History.house.gov. N.p., n.d. Web. 24 Nov. 2013.
Dahl, Robert A. “The Supreme Court’s Role in Policy-Making”. Journal of Public Law, Vol. 6. 1967.

Need Writing Help?

Get feedback on grammar, clarity, concision and logic instantly.

Check your paper »

Lawrence V. Texas Essay

- Lawrence v. Texas In the case Lawrence v. Texas (539 U.S. 558, 2003) which was the United States Supreme Court case the criminal prohibition of the homosexual pederasty was invalidated in Texas. The same issue has been already addressed in 1989 in the case Bowers v. Hardwick, however, the constitutional protection of sexual privacy was not found at that time. Lawrence overruled Bowers and held that sexual conduct was the right protected by the due process under the Fourteenth Amendment. The effects of the ruling were quite widespread and led to invalidation of the similar laws throughout the United States that tried to criminalize the homosexual activity of adults which were acting in priva...   [tags: Law Case Studies]

Research Papers
1308 words (3.7 pages)

The Lgbt Civil Rights Movement Essay

- ... Evans 2). This ruling set the stage for the next major case involving LGBT rights: Lawrence v. Texas (2003). In Lawrence, the Supreme Court ruled that laws barring homosexual acts were unconstitutional based on the Due Process Clause of the Fourteenth Amendment. This decision was substantial in that it overturned Bowers v. Hardwick (1986), which upheld the legality of such sodomy laws (Lawrence v. Texas 1). With many of the legal obstacles to homosexuality as a whole ruled unconstitutional, the fight for marriage equality came to the forefront....   [tags: United States Constitution]

Research Papers
1904 words (5.4 pages)

An Assault On Our Civil Rights Essay

- Kenji Yoshino, author of Covering: An Assault on Our Civil Rights argues that the demand for assimilation needs to be weakened through social solutions. Assimilation affects all groups not just the gay and lesbian community or other minority groups. In order for true equality to be realized individual conscience and compassion needs to change to protect behavior outside the realm of the law (Yoshino p.24) . Grievances are often processed through naming and blaming but are not claimed in order to seek a remedy....   [tags: Homosexuality, LGBT, Sexual orientation]

Research Papers
854 words (2.4 pages)

The Right to Privacy Essay examples

- Individuals are born with certain liberty and freedom. Some freedom are being protected by the Bill of Rights, like freedom of religion, speech, press, and assembly, and some are not. Privacy is one of the rights that was not mention in the Constitution. The definition of the right to privacy is the right to be left alone without government’s intrusion. Throughout history the Supreme Court has been ruling in favor of the right to privacy like in the cases of Griswold v. Connecticut, Roe v. Wade, and Lawrence v....   [tags: Bill of Rights]

Research Papers
1867 words (5.3 pages)

Influential Hispanics of Early Texas Essay

- Influential Hispanics of Early Texas May 30, 2010 Influential Hispanics of early Texas Many people that were indigenous to New Spain and latter, Mexico had settled in Texas when it was a northern State of Mexico. Many contributed in an effort to tame the wild paradise and bring civilization to the region beyond what the Spanish missionaries had begun a century before. In 1821, Mexico gained independence from Spain, and began to actively recruit people to populate the land north of the Rio Grande with far more urgency that did Spain....   [tags: Texas History]

Research Papers
1205 words (3.4 pages)

Politics In Texas Essay

- Democrats, Republicans, and Libertarians are perhaps three of the most prominent political parties within Texas. Within the pages of their party platforms, we see that each possesses a unique philosophy, with specific viewpoints and recommendations for shaping or reforming government policy. To be sure, the people of Texas face many challenges, two of the most compelling issues being the crisis in healthcare and in education. Not only are we lacking in these areas as Texans, but also on the national level....   [tags: Texas]

Research Papers
1565 words (4.5 pages)

Lawrence Stone, The family, sex and marriage in England 1600-1800 Essay

- Lawrence Stone’s book ‘The family sex and marriage in England 1600-1800’ is one of controversy and contrasting opinions about marriage in the medieval era. As a medievalist historian, Stone puts forward a conflicting perspective when it comes to the medieval family unit in providing a new interpretation of the medieval family unit. In producing such a notorious argument, Stone provided the beginnings of the debate that has now surrounded the medieval family. His work, has had a mixed reception in the history community sporting conflicting ideas about his distant view on marriage....   [tags: Lawrence Stone]

Research Papers
1759 words (5 pages)

Essay on Biography of Dolph Briscoe, Governor of Texas From 1973 to 1979

- In this paper I will highlight one of the governors of Texas. Dolph Briscoe was the governor of Texas from 1973 to 1979. Not only was he a governor, he was also one of the largest individual land owners in Texas history. This in a state known for huge ranches. His philanthropy has provided support to a wide range of educational, medical, scientific, and cultural institutions. In this paper I hope to provide a little insight in to how much this man has impacted the evolution of Texas. Dolph Briscoe Jr....   [tags: american history, farm, texas, roads]

Research Papers
1730 words (4.9 pages)

The Lawrence v Texas Supreme Court Ruling on Same-sex Activities Essays

- In Houston, TX back in 2002, the police responded to a reported weapons disturbance situation at the home of John Lawrence. Upon entering Lawrence’s home, police found him and a man named Tyron Garner engaging in sexual acts. Lawrence and Garner were arrested and convicted of deviate sexual intercourse in violation of a Texas statute. This statute forbids two persons of the same sex to engage in intimate sexual conduct (Lawrence and Garner v. Texas). Due Process and Liberty Clauses of the Fourteenth Amendment protected the men’s privacy....   [tags: supreme court, amercans right, sex]

Research Papers
594 words (1.7 pages)

The History of Texas Essay

- The History of Texas Texas history itself had its own amazing story. The small number of American settlers moved to the land of Texas had led to the dramatic war with the Mexicans. The land of Texas was used to be owned by Mexicans. Due to the argument between Texans and Mexicans caused the battle of San Jacinto and Mexican War. In long ago before American settlers moved to Texas, this place was so rich and an abundance of land. Spanish settlers have lived there for many years....   [tags: Papers]

Research Papers
761 words (2.2 pages)