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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.A second officer reported seeing them engaged in oral sex, and two others did not report seeing the pair having sex. To complete your application you must: Reply to this email from your laptop or desktop computer with your cover letter attached.Thank you for your interest, The Recruiting Team"},"IN_PROGRESS":"Please wait while we upload your cover letter...","INSTRUCTIONS":"Upload a cover letter using one of the following:","MUST":"Please upload or select a saved cover letter to continue"},"REUSE":"Reuse this document","COVER_LETTER_ERROR":"There was an error uploading your cover letter.","RESUME_ERROR":"There was an error uploading your resume.","COVER_LETTER_HEADER":"Upload your Cover Letter","PREVIOUS_COVER_LETTER":"Select From Previous Cover Letters","EMAIL":"Email","APPLY_WITH_COVER_LETTER":"Apply With Cover Letter","APPLY_WITHOUT_COVER_LETTER":"Apply Without Cover Letter","RESUME":,"DOC_TYPES":,"SELECTED":"Upload Selected Document","AUTOFILL":"We will use your resume to autofill as much of your application as we can.","FILE_TYPES_HEADER":"Accepted file types:","FILE_TYPE_LIST":".pdf, .doc, .docx, .html, .rtf","FILE_SIZE_HEADER":"File Size:","FILE_SIZE_MAX":"Up to 1","RESUME_HEADER":"Upload Your Resume","PREVIOUS_RESUME":"Select From Previous Resumes","TYPE_IN":"Type-in Resume","TYPE_IN_HEADER":"Enter or paste your desired text","OPTIONS_HEADER":"Or, upload a new resume using one of the following:","PREVIOUS_HEADER":"Use a previously uploaded resume:","CHOOSE_ANOTHER":"","APPLY_WITH_RESUME":"Use Saved Resume or Upload New Resume","APPLY_WITHOUT_RESUME":"Apply without Resume","BASIC_HEADER":"Or, enter your resume below:","DROPBOX":"Dropbox","UPLOADED_FILES_HEADER":"Uploaded Files","EMAIL_HEADER":"Email Your Resume","EMAIL_INSTRUCTIONS":"To submit your resume for this position, please complete one of the options below:","EMAIL_INSTRUCTIONS_FORWARD":"Forward an email with your resume attached to: ","EMAIL_INSTRUCTIONS_REPLY":"Or, reply to the email sent to with your resume attached.","EMAIL_LABEL":"Please enter your email address:","EMAIL_LATER":"I'll Send It Later","EMAIL_NOW":"My Resume is Sent","EMAIL_RESUME_TEMPLATE":,"FILE_HEADER":"Files","FILE_NAME":"File Name","FILE_UPLOAD":"File Upload","FILES_PREVIOUS_DIRECTORY":"Previous directory","GOOGLE_DRIVE":"Google Drive","HOW_TO_PROCEED":"How would you like to proceed?When Quinn considered charging them with having sex in violation of state law, he had to get an Assistant District Attorney to check the statutes to be certain they covered sexual activity inside a residence.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".Most judges were largely unsympathetic to the substantive due process claims raised. Connecticut (1965), the Supreme Court struck down a law barring the use of contraceptives by married couples.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.

Lawrence invalidated similar laws throughout the United States that criminalized sodomy between consenting adults acting in private, whatever the sex of the participants.

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Defendants convicted, Harris County Criminal Court (1999), rev'd, 2000 WL 729417 (Tex. Legal punishments for sodomy often included heavy fines, life prison sentences, or both, with some states, beginning with Illinois in 1827, denying other rights, such as suffrage, to anyone convicted of the crime of sodomy.

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

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".