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Bowers V Hardwick Misguided

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The Supreme Court ruled that the Homosexual Conduct law was unconstitutional and overturned the conviction of Lawrence and his male companion. The Court ruled that the law violated the Fourteenth Amendment 's Due Process Clause because it protects the right to personal liberty in intimate decisions(Lawrence vs Texas, Case Briefs). The Court argued that its decision in Bowers v. Hardwick was misguided. The issue was not the right to commit sodomy but “the right to privacy in the home" and "the right to freely engage in consensual, adult sex."(Lawrence v Texas). When the court examined America’s history, they concluded that American antisodomy laws have not been enforced and did not single out homosexual couples until the 20th century. The court

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