The US Supreme Court saidtoday it would decide a challenge to a Texas law that makesit a crime for gays and lesbians to have consensual sex intheir own homes, agreeing to consider overruling its 1986decision that upheld state sodomy laws.
The high court said it would hear an appeal by two menconvicted of engaging in "homosexual conduct." They argued thelaw violates constitutional privacy and equal protectionrights, subjecting gays to criminal penalties while allowingdifferent-sex couples to engage in the same conduct.
The justices also said they would consider overturningtheir 5-4 ruling in 1986 that handed gay rights advocates adefeat by declaring that homosexuals have no constitutionalright to engage in sodomy.
The Texas "homosexual conduct" law makes it a crime toengage in "deviate sexual intercourse" - defined as oral andanal sex - with another person of the same sex.
It is a lesser, misdemeanor criminal offense, with a $500fine as the maximum punishment.
Attorneys for the two men argued the law required all gayand lesbian couples to limit their expressions of affectionwhile allowing unmarried and married couples to engage in thesame sexual conduct.