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Essay / Research Paper Abstract
This 3-page paper analyses the case of Bowers v Hardwick, regarding the constitutionality of the Georgia sodomy law during the mid-1980s.
Page Count:
3 pages (~225 words per page)
File: D0_MTbowhar.rtf
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Unformatted sample text from the term paper:
violating Georgia statute that criminalized sodomy, by committing that act with another adult male in the bedroom of his home. The District Attorney decided not to present the matter to
a grand jury. The respondent brought suit in Federal District Court and challenged the constitutionality of the statute, which stated that the
sodomy statute violated his rights, as set forth by the Federal Constitution. The defendants motion to dismiss the case for failure to state a claim was granted (based on Doe
v. Commonweaths Attorney for the City of Richmond). When bumped up to the Georgia Court of Appeals, however, the dismissal was reversed,
mainly because use of Doe wasnt valid in the case. Basically, the Court of Appeals did agree with the plaintiff that his rights were violated, as his "homosexual activity is
a private and intimate association that is beyond the reach of state regulation by reason of the Ninth Amendment and the Due Process Clause of the Fourteenth Amendment."
But the case was bumped up to the Supreme Court, with the question of whether or not the sodomy law actually was a violation
of the plaintiffs rights, by both the Ninth and Fourteenth Amendments of the Constitution. Facts. The right to privacy is a
very thorny issue. Technically, what goes on behind bedroom doors should not be the mandate of state law. In this case, the fact was that sodomy was considered a criminal
activity, but according to consenting homosexual adults, it is a typical act between two individuals, in the privacy of their bedroom. Basically, according to the Georgia constitutional statute, there is
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