by Kevin M. Cathcart, Executive Director, Lambda Legal. Cathcart’s piece is a part of Lambda Legal’s blog roundtable, “From Sex to Marriage: How We Got From Lawrence v. Texas to the Cases Against DOMA and Prop. 8.” The roundtable will include commentary from Paul M. Smith, an ACS Board Member, and the attorney who argued Lawrence before the Supreme Court. See ACSblog’s symposium on Hollingsworth v. Perry and U.S. v. Windsor.
It might be hard for some to imagine, given the rapid pace of our progress, but as recently as 10 years ago, lesbian and gay Americans in many states were considered criminals in the eyes of the law—simply for having sex with someone of the same gender.
And the discrimination went far beyond criminal law. Parents were denied custody of their children. Qualified workers were turned down from jobs. Prospective tenants were refused housing. All because of archaic and discriminatory laws that targeted and criminalized same-sex intimacy in 13 states.
But in 2003, one Supreme Court decision changed everything. After decades of fighting against sodomy laws, Lambda Legal’s historic victory in Lawrence v. Texas opened a new path toward LGBT equality. For the first time, the Court established that lesbian and gay men share the same fundamental right to private intimacy with another adult that heterosexuals have.