Gender and Exclusion in the U.S. Constitution

Paper Summary:

This paper examines how the Supreme Court's decision negating "a fundamental right to engage in homosexual sodomy" is rooted not in legal tradition but in an implicit need to preserve Judeo-Christian and heterosexual values. By looking at the reasons behind the Bowers v. Hardwick decision, this paper studies how the law is often used as a double-edged sword, to enhance the privileged position of certain groups of society at the expense of the needs of others.

From the Paper:

"Bowers v. Hardwick centers around respondent Hardwick, who was arrested for violating the Georgia statute prohibiting acts of sodomy between homosexuals. Hardwick then brought suit in Federal District court, asserting that by criminalizing consensual sodomy in the privacy of the bedroom, the Georgia statute violated the constitutional right to privacy (Bowers v. Hardwick). Hardwick charged that homosexual activity is "a private and intimate association" and should therefore not be subject to state regulation, as guaranteed by both the Ninth and Fourteenth Amendments. The Federal Court upheld Hardwick's argument, but the case was remanded to the Court of Appeals and eventually, to the Supreme Court (Bowers v. Hardwick)."

More papers on Gender and Exclusion in the U.S. Constitution:

• Analytical Essay # 137119 : "Health Insurance and Supply and Demand in the U.S."
• Essay # 67827 : "Contraction and Expansion in the U.S. Economy"
• Essay # 72877 : "Asians and Hispanics In The U.S. Media"

APA Citation:

MLA Citation: