Title: Lawrence v. Texas Codification Act of 2022
Policy area: Civil Rights and Liberties, Minority Issues

Summary:
Lawrence v. Texas Codification Act of 2022
This bill provides statutory authority for the right of individuals of the same sex to engage in private, consensual sexual conduct.
Specifically, the bill prohibits any state from enacting a law or regulation that infringes on any individual's right to enter into a consensual sexual relationship in the confines of their home and private life, including with respect to individuals of the same sex. (The Supreme Court held that state laws criminalizing private, consensual sexual relationships between individuals of the same sex were unconstitutional in Lawrence v. Texas in 2003.)
The bill allows the Department of Justice to bring a civil action for violations. It also establishes a private right of action through Section 1983 lawsuits (Section 1983 is a federal statute that allows individuals to sue state or local government actors for violations of constitutional rights).

[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8394 Introduced in House (IH)]

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117th CONGRESS
  2d Session
                                H. R. 8394

    To protect the constitutional right to engage in private sexual 
                    conduct, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 15, 2022

Ms. Ocasio-Cortez introduced the following bill; which was referred to 
                     the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
    To protect the constitutional right to engage in private sexual 
                    conduct, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Lawrence v. Texas Codification Act 
of 2022''.

SEC. 2. FINDING.

    Congress finds that the United States Supreme Court stated in 
Lawrence v. Texas (539 U.S. 558 (2003)) that ``The state cannot demean 
[individuals'] existence or control their destiny by making their 
private sexual conduct a crime''.

SEC. 3. PROTECTION OF RIGHT TO ENGAGE IN PRIVATE SEXUAL CONDUCT.

    (a) In General.--A State may not enact a law or regulation 
infringing on any individual's right under the due process clause of 
the Fourteenth Amendment to enter upon consensual sexual relationships 
in the confines of their homes and their own private lives, including 
relationships between individuals of the same sex.
    (b) Clarification.--Subsection (a) does not apply to any law or 
regulation prohibiting forced or non-consensual sexual conduct.
    (c) Enforcement by Attorney General.--The Attorney General may 
commence a civil action on behalf of the United States against any 
State that violates, or against any government official that implements 
or enforces a law or regulation that violates subsection (a). The court 
shall hold unlawful and set aside the law or regulation if it is in 
violation of subsection (a).
    (d) Private Right of Action.--A violation of subsection (a) 
constitutes a deprivation of any rights, privileges, or immunities 
secured by the Constitution and laws for purposes of section 1979 of 
the Revised Statutes of the United States (42 U.S.C. 1983), and a 
person injured thereby may bring an action under such section.
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