Bowers v. Hardwick (1986)

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Bowers v. Hardwick (1986)

In Bowers v. Hardwick (1986), the Supreme Court abandoned its previous doctrine for ruling upon an individual’s right to privacy. Written by Justice White, the opinion of the Court in this case focused on the morality of sodomy, particularly sodomy between homosexuals, rather than the constitutional question of privacy. The Court made substantial progress in defining the right to privacy in the preceding years, but the decision in Bowers demonstrated that even the “highest Court in the land” is sometimes unable to look beyond stereotypes and prejudices (Banks, 92).

In Bowers, the Court protected a statute which enabled Georgia to prosecute a homosexual for engaging in sodomy in his home. This reflected “the evolution of the Court from a body dedicated to upholding the principals of individual liberty and autonomy, to one entrenched in conservative ideas and tradition” (Banks 85). In Griswold v. Connecticut (1965) the court ruled that a statue which proscribed the dissemination of birth control information was unconstitutional because it violated the fundamental right to marriage (Banks, 90). The right to distribute contraceptive information to married persons was extended to those who were unmarried in Eisenstadt v. Baird (1972). Justice Brennan defended this idea by saying, “if the right of privacy means anything it is the right of the individual, married or single, to be free from unwarranted government intrusion” (Banks, 91). The majority decisions for these cases focused on the individual’s right to procreative freedom, a right which did not depend on the individual’s family status. According to the Harvard Law Review, “the constitutional protection of private, consensual, nonprocrea...

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...he Court would likely have found “the use of contraceptives, even within marriage, (has been) condemned historically and therefore (should be) unprotected” (Law Review 14). Relying on American history and tradition, which is filled with prejudice and discrimination, prevented the Court from arriving at a just decision in this case.

The decision in Bowers v. Hardwick was a mockery of justice. The majority failed to strike down a law which unfairly targeted homosexuals, but what’s worse, is that the statue in question violated everyone’s right to privacy, not just homosexuals’. That the Court was willing to sacrifice the rights of the masses in order to continue to punish a few, illustrates the fact that members of the majority opinion, members of the Supreme Court of the United States of America, were prejudiced and believed in certain forms of discrimination.

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