Respondent's Brief

Questions presented

Statement

Summary of argument

Argument

1. Substantive Due Process Under The Fourteenth Amendment
   1. The appellate record is inadequate to support the recognition of the limited constitutional right asserted by the petitioners
   2. The Court has adopted an historical approach to the recognition of liberty interests protected under the Due Process Clause
   3. This nation has no deep-rooted tradition of protecting a right to engage in sodomy
   4. No tradition of protection exists at any level of specificity of designation of an asserted liberty interest
   5. Principles of stare decisis counsel against recognition of a new protected liberty interest
2. Equal Protection Under the Fourteenth Amendment
   1. The Equal Protection Clause—standard of review
      1. Rational-basis review
      2. Heightened review is neither sought nor required
   2. The petitioners have not established their membership in the class for which equal protection relief is sought
   3. The Texas Legislature did not purposefully discriminate in the passage of section 21.06
   4. Section 21.06 is rationally related to a legitimate state interest
      1. Section 21.06 was enacted for the purpose of avoiding litigation and possible invalidation of the predecessor statute
      2. Section 21.06 furthers the legitimate governmental interest of promotion of morality
   5. Summary

Conclusion