This amicus curiae brief was submitted in the case of Lawrence v Texas in which the US Supreme Court struck down laws criminalising homosexuality in the state of Texas as unconstitutional. The brief uses a plethora of authorities to demonstrate that research and clinical experience have led all mainstream health organisations in the USA to conclude that homosexuality is a normal form of human sexuality. The Association argues that sexual intimacy is a core aspect of human experience and important to mental health, psychological well-being, and social adjustment. In the opinion of the Association, criminalising laws reinforce prejudice, discrimination, and violence against gay men and lesbians. The Association states that ‘there is no sound basis in social science for Texas’ attempt to deny gay men and lesbians the opportunity to participate in this basic constituent of human happiness.’
Part I of the brief outlined that ‘Homosexuality is a Normal Form of Human Sexuality’. This part highlights that Section 21.06 Texas Penal Code rests on the perception that intimate sexual activity warrants suppression when it occurs between persons of the same sex. The Association rebuke this stating that homosexuality is a normal variant of human sexual expression; it is not a mental or psychological disorder; and it is highly resistant to change. The first section notes the significance of sexual orientation and how it is integral to the bonds between human beings. The second section highlights the demographic of heterosexuals, homosexuals, and bisexuals in the USA. The third section addresses the development of sexual orientation. The fourth section emphasises that American mental health professions concluded more than a quarter-century ago that homosexuality is not a mental disorder. In the final section of this chapter, the Association discredits ‘conversion therapy’ and states that ‘in addition to the lack of scientific evidence for the effectiveness of efforts to change sexual orientation, there is reason to believe such efforts can be harmful to the psychological well-being of those who attempt them.’
Part II of the brief is titled ‘Suppressing Sexual Intimacy Among Same-Sex Partners Would Deprive Gay Men and Lesbians of the Opportunity to Participate in Fundamental Aspects of Human Experience.’ The chapter begins by underlining the importance of sexual intimacy, particularly in the development of the self, close relationships and maintenance of family units. The second section explains the importance of committed relationships to gay men and lesbians, invoking empirical studies evidencing this. In addition to committed relationships, the third section addresses gay men and lesbians as parents. In the fourth section the role of the conduct proscribed by Texas in sexual intimacy is discussed.
Part III of the brief, the Association evidences the discrimination, prejudice and violence faced by gay people in the USA and the role anti-sodomy statutes, such as Section 21.06 play in reinforcing anti-gay prejudice.
The brief concludes by advocating for the reversal of the judgment of the Texas Court of Appeals and for the criminal proceedings against the petitioners to be dismissed.
Download the brief