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Hardwick was not prosecuted, but he brought an action in federal court to declare the state statute invalid.
As an alternative argument in this case, counsel for the petitioners and some amici contend that Romer provides the basis for declaring the Texas statute invalid under the Equal Protection Clause.
Were we to hold the statute invalid under the Equal Protection Clause some might question whether a prohibition would be valid if drawn differently, say, to prohibit the conduct both between same-sex and different-sex participants.
In United States v. Cantril (1807), without oral argument, the Court arrested a judgment of conviction under the counterfeiting statute, finding the statute invalid "for the reasons assigned in the record" (without further elaboration).
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In a different case, a Federal District judge in Wyoming decided in 2008 that the Clinton-era rule, adopted in 2001, was invalid because it violated environmental statutes.
She said she had some early doubts about her husband's innocence but is now convinced he was set up. "Regardless, however," she said, "the statute is invalid.
"The federal statute is invalid, for no legitimate purpose overcomes the purpose and effect to disparage and injure those whom the state, by its marriage laws, sought to protect in personhood and dignity," Justice Kennedy wrote.
Kennedy wrote: The federal statute is invalid, for no legitimate purpose overcomes the purpose and effect to disparage and to injure those whom the State, by its marriage laws, sought to protect in personhood and dignity.
He declared: "The federal statute is invalid, for no legitimate purpose overcomes the purpose and effect to disparage and injure those whom the State, by its marriage laws, sought to protect in personhood and dignity".
"The federal statute is invalid, for no legitimate purpose overcomes the purpose and effect to disparage and to injure those whom the state, by its marriage laws, sought to protect in personhood and dignity.
"The federal statute is invalid, for no legitimate purpose overcomes the purpose and effect to disparage and to injure those whom the State, by its marriage laws, sought to protect in personhood and dignity," Justice Anthony Kennedy wrote in the majority opinion.
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