Bowers v. Hardwick
United States Supreme Court
478 U.S. 186, 106 S. Ct. 2841, 92 L. Ed. 2d 140 (1986)
- Written by Angela Patrick, JD
Facts
A Georgia statute criminalized oral and anal sex, also called sodomy. Michael Hardwick (plaintiff), an adult male, was charged with violating the statute with another adult male in Hardwick’s home. The district attorney decided not to pursue the matter. Hardwick challenged the statute’s constitutionality in federal district court, arguing that he was at risk of being arrested under the statute again in the future. The district court dismissed the suit for failing to state a claim. The United States Court of Appeals for the Eleventh Circuit reversed, finding that the Georgia statute violated Hardwick’s fundamental, constitutional right to privacy. The United States Supreme Court granted certiorari.
Rule of Law
Issue
Holding and Reasoning (White, J.)
Concurrence (Powell, J.)
Concurrence (Burger, C.J.)
Dissent (Blackmun, J.)
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