Texas (2005) overruled a Texas sodomy law and overturned the decision made in Bowers v. Hardwick. A Houston policeman was responding to a reported disturbance call in a private residence. Upon entering he saw two men having sexual relations. The policeman arrested them both. In Texas it was against the law for two persons of the same sex to have any type of sexual intercourse that was not in the missionary position. Both the state and the U.S. Supreme Court ruled this law unconstitutional due to personal autonomy, or the ability to decide and pursue any course of action in one’s life regardless of any known moral aspects (“Lawrence v. Texas”, …show more content…
Hodges (2015) was a class action lawsuit against Ohio, Michigan, Kentucky, and Tennessee filed by 14 groups of same-sex couples. These states not only banned same-sex marriage, but they also refused to recognize and legalize same-sex marriages that occurred in other states that allowed such marriages. To challenge the constitutionality of this law in these states the same-sex couples filed lawsuits. The complainants in this case argued that the states’ law violated the Equal Protection Clause and Due Process Clause found the in Fourteenth Amendment of the U.S. Constitution. In all of the cases the federal district courts ruled in favor of the complainants (“Obergefell v. Hodges”, Oyez). The U.S. Court of Appeals for the Sixth Circuit consolidated all of the cases and reversed their rulings. They declared that the states’ refusal to issue and recognize same-sex marriages performed in other states did not violate the couples’ right to equal protection and due process found in the Fourteenth Amendment. The complainants then appealed to the U.S. Supreme Court. The U.S. Supreme Court ruled that marriage is a fundamental right that is guaranteed to both opposite-sex couples and same-sex couples. Due to the Due Process and Equal Protection Clauses found in the 14th Amendment same-sex couples may not be denied this liberty because of their sexual orientation ("Obergefell v. Hodges | ACLU Of