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At issue in this landmark Supreme Court Case, is the Due Process clause of the Fourteenth Amendment of our Constitution. Does the Constitution give individuals the fundamental right to engage in sodomy in the privacy of their own home? (p.1) This paper will attempt to prove that the constitution does grant that right using the opinion obtained from the Supreme Court web site as well as recent newspaper and magazine articles. The 14th Amendment, which was ratified during the Reconstruction era to protect the rights of minorities, is the governing law in this case. (p.2, Foner) In a Houston, Texas apartment five years ago, local police were called to answer complaints of a gunshot. They legally entered the apartment of John Lawrence, who was engaged in sexual intercourse with another man. The two were arrested and convicted of performing a homosexual act and fined $200 according to Evan Thomas. (p2,) Texas had a statute which prohibited two persons of the same sex to engage in certain intimate sexual conduct. The Texas Supreme Court upheld this conviction, leading to this ruling. The evolution of the 14th Amendment, according to Eric Foner in Our Living Constitution, to grant a constitutional right to privacy and to pre