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Lawrence v. Texas March 26, 2003 (02-102) return to case listing Case Summary Petitioners were arrested for breaking the Texas "homosexual conduct" law after officers entered Lawrence's apartment and found him and another man engaging in what the law defines as deviant sexual intercourse with an individual of the same sex. Petitioners were later found guilty and fined $200. Petitioners appealed their conviction and claimed that the Texas statute violated the U.S. and state constitutional equal protection clauses. The appellate court found that Petitioners' convictions unconstitutionally discriminated on the basis of sex because they would not have been charged had they been caught engaging in heterosexual deviant sexual conduct. A full appellate court, however, reversed and held that the state's homosexual conduct law was constitutional because gays and lesbians do not enjoy the same protection under the state Equal Rights Amendment and that the state statute furthered the state interest in preserving public morality. The opinion of the Texas Court of Appeals is found at 41 S.W.3d 349. To see the opinion of the lower court, click here. PREDICTED OUTCOME ACTUAL OUTCOME Forecasting Model Expert One Expert Two Expert Three 5-4 to Reverse 6-3 to Reverse 6-3 to Reverse 5-4 to Affirm 6-3 to Reverse VOTING TO REVERSE Stevens O'Connor Souter Ginsburg Breyer Stevens O'Connor Kennedy Souter Ginsburg Breyer Stevens O'Connor Kennedy Souter Ginsburg Breyer Stevens Souter Ginsburg Breyer Stevens O'Connor Kennedy Souter Ginsburg Breyer VOTING TO AFFIRM Rehnquist Scalia Kennedy Thomas Rehnquist Scalia Thomas Rehnquist Scalia Thomas Rehnquist O'Connor Scalia Kennedy Thomas Rehnquist Scalia Thomas return to case listing