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Wednesday, March 26, 2003
No. 02-102 Lawrence v. Texas

The second case to be argued today is the challenge to Texas’ sodomy laws and to Bowers v. Hardwick, which upheld Georgia’s anti-sodomy law. This is not, however, the same case as Bowers. Georgia’s anti-sodomy law was not specifically directed toward homosexual conduct, while Texas bans only “deviate sexual intercourse” with a person of the same sex. I think that is the critical difference. The Romer decision was based on the lack of a “fundamental right” of homosexuals to engage in sodomy. Here, however, there is intentional discrimination on the basis of sexual orientation. I think this brings the case closer to Romer, and that the Court will therefore REVERSE.