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Court Case Number 15: Bowers V. Hardwick (June 30, 1986) - School Essays

Court Case Number 15: Bowers V. Hardwick (June 30, 1986)


Court Case Number 15: Bowers v. Hardwick (June 30, 1986)
In August of 1982, Michael Hardwick was charged with violating the
Georgia statute criminalizing sodomy by committing that act with another adult
male in the bedroom of Hardwick's home. Hardwick then brought suit in the
Federal District Court, therefore challenging the constitutionality of the
statute as it criminalized sodomy. Hardwick asserted that he was a practicing
homosexual, that the Georgia statute, as administered by the defendants, placed
him in imminent danger of arrest and that the statute for several reasons
violates the Federal Constitution.
I oppose the Court of Appeals decision that Michael Hardwick's ...

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would exist if any fundamental liberties
were sacrificed.” In Moore v. East Cleveland, fundamental liberties are
characterized as those liberties that are “deeply rooted in this Nation's
history and tradition.”
Proscriptions against a fundamental right to homosexuals to engage in
acts of consensual sodomy have ancient roots. Sodomy was a criminal offense at
common law and was forbidden by the laws of the original thirteen States when
they ratified the Bill of Rights. In 1868, when the Fourteenth Amendment was
ratified, all but five of the thirty-seven States in the Union had criminal
sodomy laws. In fact, until 1961, all fifty States and the District of Columbia
continue to provide criminal penalties for sodomy performed in private and
between consenting adults.
As his honorable Justice John Paul Stevens opinion stated, sodomy was
condemned as an odious and sinful type of behavior during the formative period
of the common law. That condemnation was equally damning for ...

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Court Case Number 15: Bowers V. Hardwick (June 30, 1986). (2005, February 23). Retrieved March 29, 2024, from http://www.essayworld.com/essays/Court-Case-Number-15-Bowers-V/22731
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"Court Case Number 15: Bowers V. Hardwick (June 30, 1986)." Essayworld.com. February 23, 2005. Accessed March 29, 2024. http://www.essayworld.com/essays/Court-Case-Number-15-Bowers-V/22731.
"Court Case Number 15: Bowers V. Hardwick (June 30, 1986)." Essayworld.com. February 23, 2005. Accessed March 29, 2024. http://www.essayworld.com/essays/Court-Case-Number-15-Bowers-V/22731.
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PAPER DETAILS
Added: 2/23/2005 08:26:59 PM
Category: Government
Type: Premium Paper
Words: 557
Pages: 3

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