<P> The gay rights advocates from Lambda Legal litigating the case convinced Lawrence and Garner not to contest the charges and to plead no contest instead . On November 20, Lawrence and Garner pleaded no contest to the charges and waived their right to a trial . Justice of the Peace Mike Parrott found them guilty and imposed a $100 fine and court costs of $41.25 on each defendant . When the defense attorneys realized that the fine was below the minimum required to permit them to appeal the convictions, they asked the judge to impose a higher penalty . Parrott, well aware that the attorneys intended to use the case to raise a constitutional challenge, increased it to $125 with the agreement of the prosecutor . </P> <P> To appeal, Lawrence and Garner needed to have their cases tried in Harris County Criminal Court . Their attorneys asked the court to dismiss the charges against them on Fourteenth Amendment equal protection grounds, claiming that the law was unconstitutional since it prohibited sodomy between same - sex couples, but not between heterosexual couples . They also asserted a right to privacy and that the Supreme Court's decision in Bowers v. Hardwick that found no privacy protection for consensual sex between homosexuals was "wrongly decided". On December 22, Judge Sherman Ross denied the defense motions to dismiss . The defendants again pleaded "no contest". Ross fined them $200 each, the amount agreed upon in advance by both sides . </P> <P> A three - judge panel of the Texas Fourteenth Court of Appeals heard the case on November 3, 1999 . Their 2--1 decision issued on June 8, 2000, ruled the Texas law was unconstitutional . Justice John S. Anderson and Chief Justice Paul Murphy found that the law violated the 1972 Equal Rights Amendment to the Texas Constitution, which bars discrimination based on sex, race, color, creed, or national origin . J. Harvey Hudson dissented . The Court of Appeals decided to review the case en banc . On March 15, 2001, without hearing oral arguments, it reversed the three - judge panel's decision and upheld the law's constitutionality 7--2, denying both the substantive due process and equal protection arguments . Attorneys for Lawrence and Garner asked the Texas Court of Criminal Appeals, the highest appellate court in Texas for criminal matters, to review the case . After a year's delay, on April 17, 2002, that request was denied . Lambda Legal's Harlow called that decision "a major abdication of judicial responsibility". Bill Delmore, the Harris County prosecutor who argued the case, called the judges "big chickens" and said: "They have a history of avoiding the hot potato cases if they can ." </P> <P> In a petition for certiorari filed in the U.S. Supreme Court on July 16, 2002, Lambda Legal attorneys asked the Court to consider: </P>

The supreme court declared gender discrimination unconstitutional in which of the following cases