Law

How Lawrence v. Texas Undermined Fornication Laws

By the fornication.info editorial teamTopic sheet · full article in preparation4 sources
The Statue of Liberty: a courthouse and the scales of justice, with people in today's clothes.
Original illustration by fornication.info
In short

Not directly. Lawrence v. Texas (June 26, 2003) struck down a Texas same-sex sodomy law, holding that the Due Process Clause protects private consensual conduct between adults, and overruled Bowers v. Hardwick. Justice Scalia's dissent warned that laws against fornication could not survive this reasoning, and legal commentators now treat such laws as unenforceable.

What the full article will cover

  1. What did the Supreme Court decide in Lawrence v. Texas?
  2. Why did the Court overrule Bowers v. Hardwick?
  3. What did Justice Scalia say about fornication laws?
  4. Are fornication laws unenforceable after Lawrence?
  5. How have states responded since 2003?

Frequently asked questions

  • What was the vote in Lawrence v. Texas?
  • Who wrote the majority opinion?
  • Does Lawrence protect adultery?
  • Why weren't fornication laws struck down at the same time?

Sources

  1. law.cornell.edu — https://www.law.cornell.edu/supremecourt/text/539/558
  2. law.cornell.edu — https://www.law.cornell.edu/supremecourt/text/478/186
  3. law.cornell.edu — https://www.law.cornell.edu/wex/fornication
  4. icjc.idaho.gov — https://icjc.idaho.gov/wp-content/uploads/2021/12/ICJC-Sex-Offense-Subcommittee-Minutes-October-2021-APPROVED.pdf

General information, not legal or religious advice.

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