Bowers vs. Hardwick

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"The purpose of this research is to examine the majority opinion in Bowers v. Hardwick. The plan of the research will be to set forth an opposing answer to the opinion by addressing the main points relevant to the issue of the right to privacy raised by the case, making reference not only to the Constitution and to other decisions by the Supreme Court, but to the various opinions written by all justices taking part in the decision.


In a 5 to 4 vote, the Supreme Court in 1986 decided that mutually consensual homosexual conduct, specifically the act of sodomy, committed in the privacy of a home, could Constitutionally be prohibited by the state of Georgia. The majority position was taken in opposition to a petition on the part of a man charged with sodomy to the effect that "the Federal Constitution confers a fundamental right upon homosexuals to..."

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