Bowers Vs Hardwick Case Study
Bowers v. Hardwick in 1986 and Lawrence v. Texas in 2003 imposed very similar factors and set down the some constitutional question for the court, however the outcome of the cases where completely different. The Bowers case originated in Atlanta Georgia, the Lawrence case had taken place in Houston Texas. In both cases local police officers responded to anonymous calls reporting burglaries of private residences, however when police officers arrived at the specified addresses they found a couple involved in homosexual sodomy. In both cases police proceeded with arresting both men and charged them with the respective sodomy laws, in both cases both men were convicted in trial, in both cases ended up before the United States Supreme Court on …show more content…
If one read the Lawrence v. Texas case one will understand that upon further review of the constitution one can see that there is no violation in the constitution that insinuates homosexual sexual activity being against human right. It is only logical that if sexual practices are taking place in the privacy of ones homes regardless of the gender there is no conviction of wrong doing. Equal protection due process protects against discrimination regarding sexuality therefore making it unconstitutional to discriminate anyone based on their sexual orientation. Discrimination of race was overruled unconstitutional due to the famous words of “all mean are created equal… by having life, liberty, and pursuit of happiness” (Andersen, M, E.), with life there is liberty of human rights, and with liberty comes happiness with the acceptance of an individual’s identity as one. No one should be discriminated because it goes against the code of the U.S. States and what it states for therefore the overruling of Bowers v. Hardwick after the case of Lawrence v. Texas was considered a well-reviewed case that shows equal protection of due
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162 Words | 1 PagesIn 1986, the U.S. supreme court ruled to uphold the constitutionality of a Georgia sodomy law criminalizing anal and oral sex in private between consenting adults, marking a legal precedent allowing individual states to freely enforce sodomy statutes of their own. This supreme court case, Bowers v. Hardwick, began when Michael Hardwick was found by police having oral sex with another man when they entered his home. Hardwick was charged with sodomy, a felony in Georgia. A preliminary hearing was held with Hardwick, as a self-described practicing homosexual, asserting that the anti-sodomy statute placed him in imminent danger of arrest. He filed suit in Federal District Court, arguing the statute was unconstitutional.
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Supreme Court Case: Bowers V. Hardwick (1986)
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900 Words | 4 PagesThe case trial began on March 26, 2003, four years after the invasion into Lawrence’s home. During the trial, the Bowers v. Hardwick case was brought up. In this case, Hardwick who was a homosexual was observed by a police officer in Georgia. This police officer witnessed Hardwick and another person engaging in homosexual sodomy. After the Courts decision, there were 5 votes in favor of Bower, and 4 votes against.
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