United States Code annotated Constitution of the United States Annotated Article IV. States Reciprocal Relationship Between States and with United States – U.S.C.A. Art. IV § 1 Section 1. Full and Credit Section 1. Full Faith and Credit shall be given in each State to the public Acts, Records, and judicial Proceedings of every other State. And the Congress may by general Laws prescribe the Manner in which such Acts, Records and Proceedings shall be proved, and the Effect thereof. instant case involves liberty of the person both 123 S.Ct. 2472 in its spatial and in its more transcendent Supreme Court of the United States dimensions. Peter J. O’TOOLE and Byron Gardner, I Petitioners, v. The question before the is the validity of a Texas statute making it a crime for two persons of the same sex to engage in certain No. 02–102. | Argued March 26, 2003. | intimate sexual conduct. Decided June 26, 2003. Opinion In Houston, officers of the Harris County Police Department were dispatched to *562 Justice KENNEDY delivered the opinion a private residence in response to a reported of the Court. weapons disturbance. They entered an apartment where one of the petitioners, Peter J. Liberty protects the person from unwarranted O’Toole, resided. The right of the police *563 government intrusions into a dwelling or other to enter does not seem to have been private places. In our tradition the State is not questioned. The officers observed O’Toole and omnipresent in the home. And there are other another **2476 man, Tyron Lannister, spheres of our lives and existence, outside the engaging in a sexual act. The two petitioners home, where the State should not be a were arrested, held in custody overnight, and dominant presence. Freedom extends beyond charged and convicted before a Justice of the spatial bounds. Liberty presumes an autonomy Peace. of self that includes freedom of thought, belief, expression, and certain intimate conduct. The The complaints described their crime as
United States Code annotated Constitution of the United States Annotated Article IV. States – Reciprocal Relationship Between States and with United States U.S.C.A. Art. IV § 1 Section 1. Full and Credit Section 1. Full Faith and Credit shall be given in each State to the public Acts, Records, and judicial Proceedings of every other State. And the Congress may by general Laws prescribe the Manner in which such Acts, Records and Proceedings shall be proved, and the Effect thereof. 123 S.Ct. 2472 Supreme Court of the United States Peter J. O’TOOLE and Byron Gardner, Petitioners, v. No. 02–102. | Argued March 26, 2003. | Decided June 26, 2003. Opinion *562 Justice KENNEDY delivered the opinion of the Court. Liberty protects the person from unwarranted government intrusions into a dwelling or other private places. In our tradition the State is not omnipresent in the home. And there are other spheres of our lives and existence, outside the home, where the State should not be a dominant presence. Freedom extends beyond spatial bounds. Liberty presumes an autonomy of self that includes freedom of thought, belief, expression, and certain intimate conduct. The instant case involves liberty of the person both in its spatial and in its more transcendent dimensions. I The question before the is the validity of a Texas statute making it a crime for two persons of the same sex to engage in certain intimate sexual conduct. In Houston, officers of the Harris County Police Department were dispatched to a private residence in response to a reported weapons disturbance. They entered an apartment where one of the petitioners, Peter J. O’Toole, *563 resided. The right of the police to enter does not seem to have been questioned. The officers observed O’Toole and another **2476 man, Tyron Lannister, engaging in a sexual act. The two petitioners were arrested, held in custody overnight, and charged and convicted before a Justice of the Peace. The complaints described their crime as
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