Bowers V Hardwick Supreme Court Case Essay -- Michael Hardwick

Bowers v. HardwickUnited States Supreme motor inn OpinionThis grapheme, Bowers v. Hardwick, originated when Michael Hardwick was targeted by a policer officer for harassment in Georgia. A houseguest of Hardwicks let the officer into his home, where Hardwick was found engaging in oral sex with his partner, who was another(prenominal) male. Michael Hardwick was arrested and charged of sodomy. After charges were later dropped, Hardwick brought his case to the Supreme Court to wee-wee the sodomy law declared unconstitutional. referee clean delivered the opinion of the Court. Justice Burger, Powell, Rehnquist, and OConner joined, filing concurring opinions. In Justice Whites opinion, or while delivering it, he mentioned a lot of steps that were taken by Michael Hardwick to have his case at the Supreme Court. Justice White also mentioned and compared past speak to cases that might had relevancy or helped make his opinion more valid. The expose issue that was focused on by Justice W hite was whether or not the Federal Constitution grants a fundamental right upon homo informals to restrain in sodomy. There were still laws in many states that made sodomy illegal, and have been in place for a very long time. When fashioning his way to presenting his opinion of the Supreme Court, Justice White went through forward cases such as Loving v. Virginia, Roe v. Wade, Eisenstadt v. Baird, and many more because the Court of Appeals and Hardwick claimed that these cases construed the Constitution to grant a right of privacy that stretch onward to homosexual sodomy. After reviewing prior cases and accepting the decisions in those cases, Justice White thought none of the rights announced in the previous cases bears any relevance or relation to Hardwicks claim that it is a cons... ...t it refused to notice the fundamental amour all people have in controlling the nature of their sexual relationships. Due to the activity that was conducted in Hardwicks home, the poop Amend ment played an important role. The Fourth Amendment was not delineate by the Court as being a violation for breaking a persons door, a going through their belongings. It was defined as an invasion of his indefensible right of personal security, personal self-direction and personal property. Neither Georgias law nor Georgias prosecutor provided insufficient evidence and inclemency to support the conclusion that homosexual sodomy is considered unacceptable behavior in the state of Georgia. In result of this Court of Opinion, the Court ordered the handout of Hardwicks complaint because Michael Hardwick had alleged a constitutional claim well bountiful to withstand a motion to dismiss.