Thirteen other states have sodomy laws banning such sex between heterosexual or homosexual couples. The U.S. Supreme Court in 1986 upheld Georgia's sodomy law as applied to its ban on consenting adults engaging in homosexual conduct. The Georgia law had been challenged by a gay Atlanta bartender who was arrested in 1982 after being spotted having sex in his home. Prosecutors later dropped the charge. The decision prompted gay rights advocates to file lawsuits in state courts arguing the laws violate state constitutions.
Many constitutions provide greater protection of privacy than the U.S. Constitution.
Neil McCabe, a professor at South Texas College of Law, said the Texas law is unconstitutional. Our Texas courts have held there is a constitutional right to privacy. In Louisiana, a civil trial challenging the state's sodomy law began on Oct. 26. The Associated Press. The information contained in the AP news report may not be published, broadcast, rewritten or otherwise distributed without the prior written authority of The Associated Press.