During the confirmation hearing, Pryor was criticized in particular for filing an amicus brief in 2003 on behalf of the State of Alabama in the U.S. Supreme Court case of "Lawrence v. Texas" that urged the Court to uphold Texas penal code § 21.06, which classifies homosexual sex as a misdemeanor. Pryor wrote in the brief that "this Court has never recognized a fundamental right to engage in sexual activity outside of monogamous heterosexual marriage, let alone to engage in homosexual sodomy," further arguing that the recognition of a constitutional right to sodomy would "logically extend" to activities like "prostitution, adultery, necrophilia, bestiality, incest and pedophilia."