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Bowers V Hardwick Case Study

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condemn those who were actively seeking sexual encounters. American’s sex lives seemed to be a subject undergoing intense studying; so instead of sex being a liberty, it was something that was being taunted and restricted. Sex also became a cover up to harass minorities. The sex restrictions being placed were going into specifics on how certain individuals, should and should not have sex. For example, the sodomy laws in the United States banned oral and anal sex; if we think about it more thoroughly, members of the LGBTQ community were mostly engaging in those sexual activities. Therefore, those laws were made to constrain their liberties. The LGBTQ community has been a group of individuals that has been discriminated against for some time. Christians, masochists, and just society in general discriminates against these groups causing laws to be made against them. But because laws like the 14th amendment exist, the antagonists of the minorities have to cover up their hatred with laws that constitute to sex. …show more content…

In 1986, a court case that Hardwick became a part of, fought against those restrictions. The Bowers v Hardwick case, fought against the sodomy laws, indicating it was against their amendments to restrict what they could and could not do in their home. It was a fight that empowered the LGBTQ community—knowing he was engaging in sexual activity with another man— and it empowered all people that felt the laws were constricting their ways of expressing their sexuality. There was plenty of court cases that involved minorities, like Jack Johnson’s case, or Roe v Wade, which fought to make legislation, involving sex and its constituents, a liberty. Even when the odds seemed to face against them, they fought to make sex a matter of their own

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Did these laws indeed violate the Fourteenth Amendment? When the Lovings’s case reached the Supreme Court of Appeals, the Court supported the anti-miscegenation statutes and thus confirmed the convictions. This raises the question whether or not if the Supreme Court of Appeals violated the 14th Amendment too? The two people whose lives were most affected by the outcome of the decision were the Lovings’s.

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Hardwick case. This case questioned whether the Constitution allowed consensual sodomy between homosexuals as a fundamental right which then would make it illegal for States to write a law criminalizing what happens in the private house of gay couples. In a 5-4 vote, the Justices allowed States to write laws that criminalized consensual intercourse between same-sex couples because they did not find in the Constitution protection for sexual acts. Lawrence v. Texas overruled the Supreme Court’s decision in 1985 by saying Bowers v. Hardwick was

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In 1986, the U.S. supreme court ruled to uphold the constitutionality of a Georgia sodomy law criminalizing anal and oral sex in private between consenting adults, marking a legal precedent allowing individual states to freely enforce sodomy statutes of their own. This supreme court case, Bowers v. Hardwick, began when Michael Hardwick was found by police having oral sex with another man when they entered his home. Hardwick was charged with sodomy, a felony in Georgia. A preliminary hearing was held with Hardwick, as a self-described practicing homosexual, asserting that the anti-sodomy statute placed him in imminent danger of arrest. He filed suit in Federal District Court, arguing the statute was unconstitutional.

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In 1945, the High Court of Australia heard the case of Gratwick v Johnson and ultimately decided to dismiss the appeal in a unanimous decision by the Judges. While different reasoning was employed, all five judges drew the conclusion that the appeal should be dismissed as the statute the defendant was charged under was inconsistent with s.92 of the Australian Constitution. To provide some context for this case in 1944, Dulcie Johnson was charged with an offence against the National Security Act 1939-1943 in that she did contravene par.3 of the Restriction of Interstate Passenger Transport Order by travelling from South Australia to Western Australia by rail. In brief terms par.3 of the Restriction of Interstate Passenger Transport Order provided that no person shall, without a valid permit, travel from state to state or territory.

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This case began when officers were responding to a weapons disturbance on a private residence. When the police entered petitioner Lawrence’s apartment, they witnessed him and another male, petitioner Garner, engaging in consensual sexual act. Both petitioners were arrested and convicted of deviate sexual intercourse, which was in violation of the Texas statute that forbade two people of the same sex to to engage in certain intimate sexual conduct. The State Court of Appeals held the sentence and said that the statute was not unconstitutional under the Due Process Clause of the fourteenth amendment. The court had considered a case, Bowers v. Hardwick, 478 U.S. 186, pushing the point across.

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The Supreme Court ruled that the Homosexual Conduct law was unconstitutional and overturned the conviction of Lawrence and his male companion. The Court ruled that the law violated the Fourteenth Amendment 's Due Process Clause because it protects the right to personal liberty in intimate decisions(Lawrence vs Texas, Case Briefs). The Court argued that its decision in Bowers v. Hardwick was misguided. The issue was not the right to commit sodomy but “the right to privacy in the home" and "the right to freely engage in consensual, adult sex. "(Lawrence v Texas).

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Inside and beyond the myth and the social impact of the subject as One or Substance. Alan H. Goldman’s essay ‘Plain Sex’ is a central contribution to the academic debate about sex within the analytic area, which has been developing since the second half of the ‘90s in Western countries. Goldman’s purpose is encouraging debate on the concept of sex without moral, social and cultural implications or superstitious superstructures. He attempts to define “sexual desire” and “sexual activity” in its simplest terms, by discovering the common factor of all sexual events, i.e. “the desire for physical contact with another person’s body and for the pleasure which such contact produces; sexual activity is activity which tends to fulfill such desire of the agent” (Goldman, A., 1977, p 40).

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