Powell later regretted joining the majority but thought the case of little importance at the time. Burger concluded: "To hold that the act of homosexual sodomy is somehow protected as a fundamental right would be to cast aside millennia of moral teaching." Justice Lewis F. Burger cited the "ancient roots" of prohibitions against homosexual sex, quoting William Blackstone's description of homosexual sex as an "infamous crime against nature", worse than rape, and "a crime not fit to be named". A concurring opinion by Chief Justice Warren E.
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The majority opinion, by Justice Byron White, reasoned that the Constitution did not confer "a fundamental right to engage in homosexual sodomy". Texas, though the statute had already been struck down by the Supreme Court of Georgia in 1998.
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This case was overturned in 2003 in Lawrence v. 186 (1986), was a landmark decision of the US Supreme Court that upheld, in a 5–4 ruling, the constitutionality of a Georgia sodomy law criminalizing oral and anal sex in private between consenting adults, in this case with respect to homosexual sodomy, though the law did not differentiate between homosexual sodomy and heterosexual sodomy. White, joined by Burger, Powell, Rehnquist, O'Connorīlackmun, joined by Brennan, Marshall, Stevens Eleventh Circuit reversed and remanded.Ĭhief Justice Warren E. 1986)Ī Georgia law classifying homosexual sex as illegal sodomy was valid because there was no constitutionally protected right to engage in homosexual sex.
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Vacated and remanded, 804 F.2d 622 (11th Cir. reversed and remanded, 760 F.2d 1202 ( 11th Cir.