Published online by Cambridge University Press: 22 April 2022
Argued March 26, 2003.Decided June 26, 2003.
Justice ROBINSON delivered the opinion of the Court.***
This case requires us to decide whether Texas may criminalize consensual intimate sexual behavior between two men. We apply intermediate scrutiny under the Equal Protection Clause because the Texas law uses a person’s sex to determine the scope of his sexual liberty. Texas has fallen far short of establishing the requisite “exceedingly persuasive justification” to justify this incursion on personal liberty. See, e.g., United States v. Virginia 518 U.S. 515 (1996).