March 15, 2001, Substituted Majority, Concurring, and Dissenting Opinions Filed PRIOR HISTORY: On Appeal from County Criminal Court at Law No. 10. Trial Court Cause Nos. 98–48530 and 98–48531. Harris County, Texas. Sherman A. Ross, Judge. This Opinion Substituted on Grant of Rehearing for Withdrawn Opinion of June 8, 2000. DISPOSITION: Judgment of trial court affirmed. Mitchell Katin…
Appellants, John Geddes Lawrence and Tyron Garner, were convicted of engaging in homosexual conduct. They were each assessed a fine of two hundred dollars. On appeal, appellants challenge the constitutionality of Section 21.06 of the Texas Penal Code, contending it offends the equal protection and privacy guarantees assured by both the state and federal constitutions. For the reasons set forth bel…
In their first point of error, appellants contend Section 21.06 violates federal and state equal protection guarantees by discriminating both in regard to sexual orientation and gender.2 1 "Deviate sexual intercourse" is defined in Texas as "any contact between any part of the genitals of one person and the mouth or anus of another person; or … the penetration of the ge…
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