Prosecuting Consensual Adult Sex
Prosecuting Consensual Adult Sex
This chapter examines the legal battles in Texas over the issue of prosecuting consensual adult sex. In a 1963 revision of the Texas Penal Code, the state legislature liberalized the prohibitions on deviant sexual behavior. Sodomy was decriminalized for heterosexual couples, along with bestiality. Hence, a human could legally have sex with an animal but not with another human of the same sex. In the ensuing years there were halfhearted efforts to repeal and all were unsuccessful. The chapter discusses the 1998 case of John Lawrence, Tyron Garner, and Robert Eubanks relating to the issue of homosexuality, and more specifically, private homosexual conduct. It also considers the adoption of constitutional amendments on same-sex marriage in Texas and other states.
Keywords: consensual sex, Texas, deviant sexual behavior, sodomy, John Lawrence, Tyron Garner, Robert Eubanks, homosexuality, constitutional amendments, same-sex marriage
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