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Apparently outraged that Lawrence had been flirting with Garner, he called police and reported "a black male going crazy with a gun" at Lawrence's apartment. In accordance with police procedures, the first to arrive, Joseph Quinn, took the lead both in approaching the scene and later in determining what charges to bring.

Four Harris County sheriff's deputies responded within minutes and Eubanks pointed them to the apartment. He later reported seeing Lawrence and Garner having anal sex in the bedroom.

In Griswold for the first time the Supreme Court recognized that couples, at least married couples, had a right to privacy, drawing on the Fourth Amendment's protection of private homes from searches and seizures without a warrant based on probable cause, the Fourteenth Amendment's guarantee of due process of law in the states, and the Ninth Amendment's assurance that rights not specified in the Constitution are "retained by the people". Baird (1972) expanded the scope of sexual privacy rights to unmarried persons. Hardwick (1986), the Supreme Court heard a constitutional challenge to sodomy laws brought by a man who had been arrested, but was not prosecuted, for engaging in oral sex with another man in his home.

He was told that Texas' anti-sodomy statute, the "Homosexual Conduct" law, made it a Class C misdemeanor if someone "engages in deviate sexual intercourse with another individual of the same sex".

Quinn decided to arrest Lawrence and Garner and charge them with having "deviate sex".

A second officer reported seeing them engaged in oral sex, and two others did not report seeing the pair having sex.

Lawrence repeatedly challenged the police for entering his home.

In the separate arrest reports he filed for each, he wrote that he had seen the arrestee "engaged in deviate sexual conduct namely, anal sex, with another man".

On November 20, Lawrence and Garner pleaded no contest to the charges and waived their right to a trial.Justice Byron White's majority opinion emphasized that Eisenstadt and Roe had only recognized a right to engage in procreative sexual activity, and that long-standing moral antipathy toward homosexual sodomy was enough to argue against the notion of a right to sodomy.Justice Blackmun, writing in dissent, argued that Eisenstadt held that the Constitution protects people as individuals, not as family units.Lacking transportation home, the couple were preparing to spend the night.Eubanks, who had been drinking heavily, left to purchase a soda from a nearby vending machine. It can be fun, terrible, exciting, hard — the adjectives used to describe it are endless.

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