October Term 2002 · Docket 02-102
Can Texas criminalize consensual adult intimacy?
Texas claims the right to punish unmarried adults for private sexual acts. the sides that brought the case argue this violates their liberty.
Verified source milestones
- — An official oral-argument transcript was verified.
The arguments, in order
This case may have been argued more than once. Each entry below uses that session's official transcript. Later arguments do not erase earlier ones.
Argument 1 ·
What happened at the argument
Paul Smith argued Texas claims a right to punish. He stated this applies to unmarried couples. He emphasized the state's disapproval motive.
Texas counsel argued the state may enforce its penal code. They cited specific statutory provisions. They requested the Court uphold the law.
Chief Justice Rehnquist closed the session. He noted the case was submitted. No further questions were recorded.
Read the official transcript for this argument · Official argument details
Sources used for this argument breakdown
- Official Supreme Court Transcript — file page 26, lines 27-39 — Transcript, file page 26, lines 27-39
- Official Supreme Court Transcript — file page 3, lines 17-43 — Transcript, file page 3, lines 17-43
- Official Supreme Court Transcript — file page 3, lines 5-15 — Transcript, file page 3, lines 5-15
- Official Supreme Court Transcript — file page 52, lines 1-3 — Transcript, file page 52, lines 1-3
A citizen's guide to the whole case
What this case is about
This case tests the scope of state power over private conduct. Texas defends its statute. the sides that brought the case seek to strike it down.
Official sources for this section
- Official Supreme Court Transcript — file page 26, lines 27-39 — Transcript, file page 26, lines 27-39
- Official Supreme Court Transcript — file page 3, lines 17-43 — Transcript, file page 3, lines 17-43
How the case got here
The Supreme Court heard oral argument in this case on March 26, 2003.
Official sources for this section
- Official Supreme Court Transcript — file page 3, lines 5-15 — Transcript, file page 3, lines 5-15
What each side wants
the sides that brought the case want the conviction overturned.
Texas wants the conviction upheld.
Official sources for this section
- Official Supreme Court Transcript — file page 26, lines 27-39 — Transcript, file page 26, lines 27-39
- Official Supreme Court Transcript — file page 3, lines 17-43 — Transcript, file page 3, lines 17-43
What each side says
the sides that brought the case argue the state cannot punish consensual private acts.
Texas argues it may criminalize specific sexual conduct.
Official sources for this section
- Official Supreme Court Transcript — file page 26, lines 27-39 — Transcript, file page 26, lines 27-39
- Official Supreme Court Transcript — file page 3, lines 17-43 — Transcript, file page 3, lines 17-43
What the justices asked
Chief Justice Rehnquist asked if the case was submitted.
Official sources for this section
- Official Supreme Court Transcript — file page 52, lines 1-3 — Transcript, file page 52, lines 1-3
Why it matters
The outcome defines the boundary of state criminal law. It impacts the privacy of all adults. It shapes the scope of personal liberty.
Official sources for this section
- Official Supreme Court Transcript — file page 26, lines 27-39 — Transcript, file page 26, lines 27-39
- Official Supreme Court Transcript — file page 3, lines 17-43 — Transcript, file page 3, lines 17-43
What happens next
This article currently covers the argument record. Use the official docket link for later case activity.
Official sources for this section
- Official Supreme Court Transcript — file page 3, lines 5-15 — Transcript, file page 3, lines 5-15
- Official Supreme Court Transcript — file page 52, lines 1-3 — Transcript, file page 52, lines 1-3
Official Court provenance
Official docket and case history · Official Supreme Court oral-argument detail page
Title and summary sources
- Official Supreme Court Transcript — file page 26, lines 27-39 — Transcript, file page 26, lines 27-39
- Official Supreme Court Transcript — file page 3, lines 17-43 — Transcript, file page 3, lines 17-43
- Official Supreme Court Transcript — file page 26, lines 27-39 — Transcript, file page 26, lines 27-39
- Official Supreme Court Transcript — file page 3, lines 17-43 — Transcript, file page 3, lines 17-43
Revision history
- Revision 1 · Official Transcript ·
Correction: Rewritten to the concise citizen-facing editorial standard.
- Revision 2 · Official Transcript ·
Correction: Migrated to the dated official Court activity contract without model use.