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In 2003 the Supreme Court of the United States, in the case of Lawrence v. Texas, ruled as unconstitutional a law barring consensual, noncommercial, private sexual behaviors between individuals of the same sex. Since Lawrence, prisons and courts have used expertise and doctrine to thwart attempts to extend Lawrence to prisons and prisoners in multifarious ways. This chapters asks why, and then how, prisons, as arms of the state, continue to criminalize consensual sexual activity between prisoners. In addition, it addresses the particular effects of such a system on some of the most vulnerable individuals in the carceral arena, specifically LGBT and transgender prisoners.

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