In Lawrence v. Texas, the Court struck down the sodomy law but did not elevate sexual preference to a fundamental right How did the Court do this?
In this case, the Court struck down the Texas law on the basis of substantive due process. The Constitution says that people may not have their liberty taken away without due process of law. In this case, the Court held that this means that there are fundamental rights, like the right to private sexual conduct, that cannot be taken away without the due process of law. What the...
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