BOWERS V. HARDWICK
478 U.S. 186 (1986)
NATURE OF THE CASE: After being charged with violating the Georgia statute criminalizing
sodomy by committing that act with another adult male in the bedroom of his home, Hardwick
(P) brought suit in Federal Court challenging the constitutionality of the statute insofar
as it criminalized consensual sodomy. The court granted Bowers' (D) motion to dismiss for
failure to state a claim. The Court of Appeals reversed and remanded, holding that the
Georgia statute violated P's fundamental rights.
FACTS: Hardwick (P), a gay man, was charged with violating a state law criminalizing
sodomy by committing sodomy with another adult male in P's bedroom. After a preliminary
hearing, the District Attorney decided not to pursue the case. P sued anyway, challenging
the constitutionality of the statute as applied to consensual sodomy. P claimed that he was
a future danger of arrest for violating the statute. The district court dismissed the suit,
but the court of appeals reversed, holding that the statute violated P's fundamental rights
because the homosexual activity was a private and intimate association beyond the reach of
state regulation. D appealed, and the Supreme Court granted certiorari.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
Get
free access to the entire content for Mac, PC or Online
for 2-3 days and free samples
of all kinds of products.
for 2-3 days and free samples of all kinds of products.
https://bsmsphd.com
© 2007-2016 Abn Study Partner
No comments:
Post a Comment