H.R. 8394 — Introduced in House

I 117th CONGRESS 2d Session H. R. 8394 IN THE HOUSE OF REPRESENTATIVES July 15, 2022Ms. Ocasio-Cortez introduced the following bill; which was referred to the Committee on the Judiciary A BILL To protect the constitutional right to engage in private sexual conduct, and for other purposes. 1. Short title This Act may be cited as the Lawrence v. Texas Codification Act of 2022. 2. Finding Congress finds that the United States Supreme Court stated in Lawrence v. Texas (539 U.S. 558 (2003)) that The state cannot demean [individuals’] existence or control their destiny by making their private sexual conduct a crime. 3. Protection of right to engage in private sexual conduct (a) In general A State may not enact a law or regulation infringing on any individual’s right under the due process clause of the Fourteenth Amendment to enter upon consensual sexual relationships in the confines of their homes and their own private lives, including relationships between individuals of the same sex. (b) Clarification Subsection (a) does not apply to any law or regulation prohibiting forced or non-consensual sexual conduct. (c) Enforcement by Attorney General The Attorney General may commence a civil action on behalf of the United States against any State that violates, or against any government official that implements or enforces a law or regulation that violates subsection (a). The court shall hold unlawful and set aside the law or regulation if it is in violation of subsection (a). (d) Private right of action A violation of subsection (a) constitutes a deprivation of any rights, privileges, or immunities secured by the Constitution and laws for purposes of section 1979 of the Revised Statutes of the United States (42 U.S.C. 1983), and a person injured thereby may bring an action under such section.