Penumbra (law) in the context of "Lawrence v. Texas"

Lawrence v. Texas, 539 U.S. 558 (2003), is a landmark decision of the United States Supreme Court in which the Court ruled that U.S. state laws criminalizing sodomy between consenting adults are unconstitutional. The Court reaffirmed the concept of a "right to privacy" that earlier cases had found the United States Constitution provides, even though it is not explicitly enumerated. It based its ruling on the notions of personal autonomy to define one's own relationships and of American traditions of non-interference with any or all forms of private sexual activities between consenting adults.

In 1998, John Geddes Lawrence Jr. was arrested along with Tyron Garner at Lawrence's apartment in Harris County, Texas. Garner's former boyfriend had called the police, claiming that there was a man with a weapon in the apartment. Sheriff's deputies said they found the men engaging in sexual intercourse. Lawrence and Garner were charged with a misdemeanor under Texas' anti-sodomy law; both pleaded no contest and received a fine. Assisted by the American civil rights organization Lambda Legal, Lawrence and Garner appealed their sentences to the Texas Courts of Appeals, which ruled in 2000 that the sodomy law was unconstitutional. Texas appealed to have the court rehear the case en banc, and in 2001 it overturned its prior judgment and upheld the law. Lawrence appealed this decision to the Texas Court of Criminal Appeals, which denied his request for appeal. Lawrence then appealed to the U.S. Supreme Court, which agreed to hear his case.