The Role Of Judicial Litigation In American Gay Rights Movement

In 1986,the United States Supreme Court upheld the constitutionality of the sodomy law through Bowers v.Hardwick,while 17 years later,the Supreme Court overruled the constitutionality of the sodomy law and overthrew the decision of the Bowers case through Lawrence v.Texas.The thesis chose the Lawrence case,which indicated the legalization of same-sex behavior,as an object of study,and thoroughly analyzed the entire history of the Lawrence case,dating from the time the case occurred to the point that the Lawrence case was decided.The first part discussed the historical background of the Lawrence case and the trial of the Lawrence case by court at all levels.The Lawrence case took place under the background of abolishing the sodomy laws at federal and state levels in the United States.Therefore,the thesis briefly sketched the historical outline of the abolition of the sodomy law in the United States and focused on the analysis of why the Lawrence case was selected by LGBT litigation organizations and appealed it to the Supreme Court.At the same time,this part also explored the whole process of the Lawrence trial,including the arraignment of the Peace Court,the dispute of the Harris County Criminal Court,the commutation of the Fourteenth Court of Appeals,and the final judgment of the Supreme Court.The second part analyzed the reasons for overthrowing the latter by comparing the Lawrence case with the Bowers case,and discussed the great changes in social culture,legislation and judicature during this period.The different interpretation of the constitution by the Supreme Court Justice ranks was the direct reason for overthrowing the Bowers case,while the change of social culture was the fundamental reason why the Bowers case was overturned.The third part took the Lawrence case as a starting point to explore the role that judicial litigation played in gay rights movement,and discussed the role that the Supreme Court should play in the US political system.Before the 1990 s,LGBT groups used legislative procedures to modify or abolish discriminatory laws and regulations to protect their rights.After the 1990 s,judicial litigation has gradually become a significant way for LGBT groups to pursue equal rights and played an irreplaceable role in gay rights movement.The Lawrence case was the result of the gay rights movement in the United States and was also a manifestation of the development of American history as well as the transformation of social culture.At the same time,through the Lawrence case,we can witness the development of American history and the vicissitude of social culture,and understand the relationship between state courts and state constitutions,as well as the Supreme Court and the federal constitution.