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America's Lone Star ConstitutionHow Supreme Court Cases from Texas Shape the Nation$
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Lucas A. Powe Jr.

Print publication date: 2018

Print ISBN-13: 9780520297807

Published to California Scholarship Online: September 2018

DOI: 10.1525/california/9780520297807.001.0001

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PRINTED FROM CALIFORNIA SCHOLARSHIP ONLINE (www.california.universitypressscholarship.com). (c) Copyright University of California Press, 2020. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in CALSO for personal use.date: 31 May 2020

Prosecuting Consensual Adult Sex

Prosecuting Consensual Adult Sex

Chapter:
(p.199) Eleven Prosecuting Consensual Adult Sex
Source:
America's Lone Star Constitution
Author(s):

Lucas A. Powe Jr.

Publisher:
University of California Press
DOI:10.1525/california/9780520297807.003.0012

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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