  Criticism of the constitutional right to privacy has continued, particularly in the popular press, Roe v. Wade may be in jeopardy, and many viewed the Bowers decision as evidence of the demise of the constitutional right to privacy.  Yet in 2003 in Lawrence v. Texas (538 U.S. 918), the Supreme Court ruled 5–4 that a Texas statute making it a crime for two people of the same sex to engage in certain intimate behavior violated the guarantee of equal protection and vital interests in liberty and privacy protected by the due process clause of the Constitution, thus overruling Bowers v. Hardwick.  Jean L. Cohen (2002) gives a theoretical defense of this inclusive view of the constitutional right to privacy.  She defends a constructivist approach to privacy rights and intimacy, arguing that privacy rights protect personal autonomy and that a constitutionally protected right to privacy is indispensable for a modern conception of reason and her interpretation of autonomy.  Currently many non U.S. countries protect interests in what is now called constitutional privacy, without the controversy that is somewhat more common in the U.S. For example, constitutional privacy has been used in the U.S. to strike down anti-sodomy laws, and to protect individual choice of one’s marriage partner. In Europe many countries now protect same sex marriage, such as the Netherlands for over 10 years and more recently Germany since 2017.