BOWERS V. HARDWICK 478 U.S. 186 (1986) CASE BRIEF

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:


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HOLDING AND DECISION:


LEGAL ANALYSIS:





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