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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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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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