Donate Button
Follow us...

COURT DECISION

Bowers v. Hardwick
1988

Full name: Bowers v. Hardwick

Click here to read the decision



JUSTICES IN MAJORITY
Warren E. Burger
Sandra Day O'Connor
Lewis F. Powell, Jr.
William Rehnquist
Byron White

DISSENTING
Harry Blackmun
William J. Brennan, Jr.
Thurgood Marshall
John Paul Stevens

Note: Court justices do not represent any political party. The color of each judge's name represents the political party of the president who appointed the judge.

Click here for a list of all Supreme Court justices



Related Issues

Discrimination


What was this case about?

The Supreme Court ruled that it is constitutional for states to outlaw certain sexual acts - even when consensual and done in private.

How did this case get to the Supreme Court?

Georgia police officers had gone to Michael Hardwick's home to serve him with an arrest warrant for not appearing in court for an unrelated citation. Hardwick's roommate let the officers in and directed them to Hardwick's room. When the door was open the officers found Hardwick engaged in consensual oral sex with another adult man.

Both men were arrested and charged with violating the Georgia law criminalizing sodomy. The case never went to trial.

The American Civil Liberties Union sued to challenge the constitutionality of the law, using Hardwick as the plaintiff. After various federal court rulings, the state of Georgia appealed to the Supreme Court.

No constitutional protection

The Court ruled that there was no constitutional protection for acts of sodomy, and that states could outlaw those practices.

This was overturned in 2003

In 2003, the Supreme Court overturned this decision in Lawrence v. Texas.

                   Tell us if we goofed                                                  Copyright