Bowers v. Hardwick

...d claims in Federal District Court. His position held was that he was in danger of arrest because of his consentual homosexual acts. He challenged this to be in violation of his rights under the Federal Constitution, such as privacy, because these acts were in the privacy of his own home. Holding: The judgment of the Court of Appeals was Reversed. The laws made by the State were found to be Constitutional. Reasons: The cases used to fight the privacy rights were argued to deal with children, family, contraception, and the right to bear a child or not. These privacy rights were not extended to homosexual sodomy acts under the cases mentioned as no justifiable connection was found. Aside from preceding cases, the court denied the application of Due Process Clauses, as there is no mention of any fundamental rights to proceed with homosexual sodomy. Therefore, restrictions on the States to make laws against it found no merit. Furthermore, the rights mentioned in the Constitution were limited to liberties “deeply rooted in this Nation’s history and traditions.” These acts proved to be abhorred and illegal throughout time and therefore have no ground in those categories either. Therefore the right for the States to make law is upheld, as these acts are not a fundamental right. As far as...

Essay Information


Words: 439
Pages: 1.8
Rating: None

All Papers Are For Research And Reference Purposes Only. You must cite our web site as your source.