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Best Court Ruling Best Court Ruling

The Supreme Court's sodomy decision

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Published on September 25, 2003

Talk about perfect timing. On June 26, just two days before the 25th anniversary of Houston's Pride Parade, the U.S. Supreme Court knocked down Texas's homosexual sodomy law by a 6-3 vote. The law, which outlawed sodomy only when practiced by gays, was challenged by two Houston men named John Lawrence and Tyron Garner, who were arrested in 1998 when police discovered them having sex in Lawrence's apartment. Speaking for the court, Justice Anthony M. Kennedy declared, "The state cannot demean [homosexuals'] existence or control their destiny by making their private sexual conduct a crime." While conservative Justice Antonin Scalia said the court had "taken sides in the culture war" and had "largely signed on to the so-called homosexual agenda," activists across the country pooh-poohed him and gathered to celebrate. At a City Hall rally in Houston, Ray Hill, a longtime local warrior for gay rights, happily declared, "We can't -- by this decision -- ever go back."