Before Lawrence v. Texas

The Making of a Queer Social Movement

Wesley G. Phelps

• Publisher: University of Texas Press
• Year: 2023
• Print ISBN: 9781477329474, 9781477322321
• eBook ISBN: 9781477326664
• Topic: History
• Subtopic: North American History
• Index: History

2024 Coral Horton Tullis Memorial Prize, Texas State Historical Association
2024 Award of Merit, The Philosophical Society of Texas Nonfiction Book Prize

The grassroots queer activism and legal challenges that led to a landmark Supreme Court decision in favor of gay and lesbian equality.

In 2003 the US Supreme Court overturned anti-sodomy laws across the country, ruling in Lawrence v. Texas that the Constitution protects private consensual sex between adults. To some, the decision seemed to come like lightning from above, altering the landscape of America's sexual politics all at once. In actuality, many years of work and organizing led up to the legal case, and the landmark ruling might never have happened were it not for the passionate struggle of Texans who rejected their state's discriminatory laws.

Before Lawrence v. Texas tells the story of the long, troubled, and ultimately hopeful road to constitutional change. Wesley G. Phelps describes the achievements, setbacks, and unlikely alliances along the way. Over the course of decades, and at great risk to themselves, gay and lesbian Texans and their supporters launched political campaigns and legal challenges, laying the groundwork for Lawrence. Phelps shares the personal experiences of the people and couples who contributed to the legal strategy that ultimately overturned the state's discriminatory law. Even when their individual court cases were unsuccessful, justice seekers and activists collectively influenced public opinion by insisting that their voices be heard. Nine Supreme Court justices ruled, but it was grassroots politics that vindicated the ideal of equality under the law.

Table of contents

• Cover
• Series Page
• Title Page
• Copyright
• Dedication
• Epigraph
• Contents
• Introduction: Before Lawrence v. Texas
• Chapter 1: Buchanan v. Batchelor and the Evolution of the Texas Sodomy Statute, 1965–1974
• Chapter 2: The Texas Homosexual Conduct Law in Action, 1974–1982
• Chapter 3: Resisting the Effects of the Texas Homosexual Conduct Law, 1974–1982
• Chapter 4: Baker v. Wade, 1975–1986
• Chapter 5: Morales v. Texas and England v. City of Dallas, 1986–1994
• Conclusion: Lawrence v. Texas Reconsidered
• Acknowledgments
• Notes
• Photo Credits
• Index