LAWRENCE
v. TEXAS
In 1998
homosexual conduct was a crime in Texas. Although few people were ever
arrested for violating Texas Penal Code 21.06 (Homosexual Conduct,)
LGBT individuals were often stigmatized and identified as being criminals.
The discrimination ranged from custody cases, employment termination,
political name-calling and being generally ostracized by society.
On September 28, 1998, John Lawrence and Tyron Garner were arrested
for violating the homosexual conduct statue. No other charges were asserted
against them. The two men were taken from John Lawrence's home in the
middle of the night and put in jail for a period of approximately 24
hours.
The Lawrence v. Texas case lost in every Texas court in its 5-year journey
to the Supreme Court, but ultimately won. Their arrest began a courageous
legal battle which ended in June 26, 2003 at the United States Supreme
Court in the landmark LGBT decision known as Lawrence v. Texas.
The Lawrence decision declared all sodomy statutes throughout the United
States unconstitutional, overturned the 16-year erroneous Supreme Court
decision known as Bowers v. Hardwick, opened the door for the marriage
equality movement and ended the discriminatory "don't ask don't
tell policy."
Justice Anthony Kennedy wrote the opinion for the Court and declared
never before recognized rights for gay and lesbian individuals to dignify
their lives and relationships and the right to self-determination without
interference of the government.
John Lawrence and Tyron Garner have since passed away; but lived many
years after the decision and enjoyed traveling around the country speaking
at universities and law schools.
They should be recognized
for their courage in standing up for what they believed was wrong, even
in the face of great odds. John Lawrence and Tyron Garner will go down
in history as two men who enabled the marriage equality movement in
this country.
by Mitchell
Katine, Local Counsel for John Lawrence
and Tyron Garner
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