Bowers V Hardwick

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Bowers v. Hardwick
United States Supreme Court Opinion

This case, Bowers v. Hardwick, originated when Michael Hardwick was targeted by a policer officer for harassment in Georgia. A houseguest of Hardwick's let the officer into his home, where Hardwick was found engaging in oral sex with his partner, who was another male. Michael Hardwick was arrested and charged of sodomy. After charges were later dropped, Hardwick brought his case to the Supreme Court to have the sodomy law declared unconstitutional.

Justice White delivered the opinion of the Court. Justice Burger, Powell, Rehnquist, and O'Conner joined, filing concurring opinions. In Justice White's opinion, or while delivering it, he mentioned a lot of steps that were taken by Michael Hardwick to have his case at the Supreme Court. Justice White also mentioned and compared past court cases that might had relevance or helped make his opinion more valid. The key issue that was focused on by Justice White was whether or not the Federal Constitution grants a fundamental right upon homosexuals to engage in sodomy. There were still laws in many states that made sodomy illegal, and have been in place for a very long time.

When making his way to presenting his opinion of the Supreme Court, Justice White went through prior cases such as Loving v. Virginia, Roe v. Wade, Eisenstadt v. Baird, and many more; because the Court of Appeals and Hardwick claimed that these cases construed the Constitution to grant a right of privacy that stretch forth to homosexual sodomy. After reviewing prior cases and accepting the decisions in those cases, Justice White thought none of the rights announced in the previous cases bears any relevance or relation to Hardwick's claim that it is a constitutional right of homosexuals to engage in acts of sodomy. Due to sodomy being a criminal offense at common law and was forbidden by the laws of the first 13 states when they approved the Bill of Rights, Justice White found it...
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