Premium Essay

Bowers V Hardwick Essay

Submitted By
Words 843
Pages 4
When discussing the case of Bowers v. Hardwick, the holding was justified by the statement that the Constitution does not discuss a right that legally allows homosexuals to engage in the act of sodomy. Further, the Court noted that in other cases that deal with relationships, this case does not resemble them in any way. Also, this holding was justified by exploring the fact that sodomy has long been criminalized throughout history, and it is a tradition that is “deeply rooted”. It was mentioned that if one stated that it is the right of the person to engage in this act due to the concept of liberty, it would be described as foolish. Moreover, even though this act occurred within the privacy of a home, the court held that this did not affect the justification that this action was still considered sodomy, and illegal. Finally, it was highlighted boldly that just because part of the nation believes the consensual act of sodomy should be legal, does not even slightly mean that this validates the claim in the case, nor will it alter the immorality and illegality of the law (Bowers v. Hardwick, 1986). …show more content…
Texas, the holding was justified by first looking into the holdings of several other relevant cases. From there, doubt was shed onto the rationale of such cases like Bowers v. Hardwick. So, while the court describes that sodomy is not a fundamental right, the Court does not have the power, or the justification to intrude on someone’s personal life in this manner. The court noted that they were not going to overrule the decision in Bowers v. Hardwick, due to boldness. However, they did agree that in this case the act of consensual sodomy with a member of the same sex was okay, in the privacy of one’s home, and should not be an area where the court interferes (Lawerence et al. v. Texas,

Similar Documents

Premium Essay

Bowers V. Hardwick Argumentative Essay

...For the people who wanted the government to do something about the AIDS epidemic are perfect examples of be careful what you wish for. When in 1986 the Supreme Court ruled that gays and lesbians were no longer worth of being protected by the US Constitution in Bowers v. Hardwick. Because of the government's rejection, it gave the gay movement another strong push to fight to be treated as equal citizens by creating the ACT UP organization. Silence was no longer an option. Many of the gays who were in denial about AIDS had to finally face the facts when nearly everyone around them started to become infected. They had to take action when people in power would not take action for them. I think that The Silence = Death Project proved that the gays had finally woken from their complacent slumber of accepting the bare minimum of acceptance since Stonewall and they were ready to fight for the right of life, government funded research, and acceptance once again. I don't think those in favor of Bowers expected such a strong response from the gay community. From the Lavender Hill Mob traveling across the county to not only protest Chief Justice Burger but also CDC conference on AIDS and Kramer being a strong spokesperson, I think the the gay movement provided a solid front to prove that they...

Words: 625 - Pages: 3

Free Essay

Bayard Rustin

...Sir Parnell Stevenson HIST 300 Professor Katz December 11, 2014 Bayard Rustin and the Lost Prophet A master strategist and an activist for Civil Rights, Bayard Rustin is mostly remembered for the March on Washington for Jobs and Freedom, which has been one of the most famous of the non-violent marches in United States history. He had used Gandhi’s tactics of non-violence by introducing it to the American civil rights movement, while at the same time, bringing Martin Luther King, Jr. to the forefront as the focal point for nonviolence and peace. Despite the achievements that Rustin had accomplished during his career as an activist, he was beaten, silenced, imprisoned, and fired from different organizations mainly because of the fact that he was a gay man living at a time that homosexuality was not only frowned upon, but also it was outlawed. In this paper, I will explain all the contributions that Bayard Rustin had made to the Civil Rights movement during the mid to late 20th century and why he is not given credit for the other activities that he was responsible for. Writers and historians such as Lawrence Freedman have stated that Bayard Rustin was content with his status as an “intellectual engineer behind the scenes” 1. In their view, Rustin was a powerful man with such a powerful political philosophy that the leadership at the time had begun to constrict him. Other historians have argued that the main reason why Rustin was written out of the history books is because...

Words: 4606 - Pages: 19

Premium Essay

Debate

...Team Debate Paper Stacie Hearne, Manita Johnson, Jessica Lightfoot, and Roy Tucker BCOM/275 October 4, 2012 Kwanis Nelson Debate Team Paper “We hold these truths to be self evident, that all men are created equal, that they are endowed by their creator with certain inalienable rights that among these are Life, Liberty, and the pursuit of happiness.” Gay marriage has become one of the hottest issues in politics. Supporters of gay marriage have compared their struggle for equality to an era when African- Americans were denied their right to vote, some have even argued that to be denied of your right to marry is also a direct violation of your civil rights. Non supporters of gay marriage beliefs are based more from a religious stand point as well personal values. With homosexuality being seen by a vast majority as being immoral and sinful, the biggest argument to date is that many people feel by allowing gay marriage to take place that this will weaken the institution of marriage and family values. On September 21, 1996 both houses of Congress passed the Defense of Marriage Act or DOMA a federal law which defines marriage as a legal union between one man and one woman. This law, signed by then President Bill Clinton denies the rights of same-sex couples to marry. Not only does this law prevent same-sex couples to marry, it also denies these men and women certain monetary benefits such as public employee benefits, social security survivors...

Words: 2591 - Pages: 11

Premium Essay

Yoshino

...A NEW BIRTH OF FREEDOM?: OBERGEFELL V. HODGES Kenji Yoshino The decision in Obergefell v. Hodges1 achieved canonical status even as Justice Kennedy read the result from the bench. A bare majority held that the Fourteenth Amendment required every state to perform and to recognize marriages between individuals of the same sex.2 The majority opinion ended with these ringing words about the plaintiffs: “Their hope is not to be condemned to live in loneliness, excluded from one of civilization’s oldest institutions. They ask for equal dignity in the eyes of the law. The Constitution grants them that right.”3 While Obergefell’s most immediate effect was to legalize same-sex marriage across the land, its long-term impact could extend far beyond this context. To see this point, consider how much more narrowly the opinion could have been written. It could have invoked the equal protection and due process guarantees without specifying a formal level of review, and then observed that none of the state justifications survived even a deferential form of scrutiny. The Court had adopted this strategy in prior gay rights cases.4 Instead, the Court issued a sweeping statement that could be compared to Loving v. Virginia,5 the 1967 case that invalidated bans on in–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––  Chief Justice Earl Warren Professor of Constitutional Law, New York University School of Law. I gratefully acknowledge receiving financial support from...

Words: 15849 - Pages: 64

Premium Essay

John Doe

...Advocacy Groups - an association of individuals or organizations who unite to actively support or defend an idea, usually to influence policies or resource allocations through media campaigns, public presentations, publicity, and legislative lobbying efforts; GROUP WHO TRY TO RAISE AWARENESS AND INFLUENCE POLITICS AND RESOURCE ALLOCATION advocacy groups are broader. interest groups are more specific. for example an environmental group would be an advocacy group and a group to save the rainforest would be an interest group. Amicus Curiae - “Friend of the Court.” A brief filed in a lawsuit by an individual or group that is not party to the lawsuit but that has an interest in the outcome. SOMEONE, NOT BELONGING TO ANY PARTY, VOLUNTEERS TO OFFER INFORMATION TO ASSIST IN A CASE, WHICH IS WHY IT MEANS FRIEND OF THE COURT Astroturf - refers to political, advertising or public relations campaigns that are designed to mask the sponsors of the message to give the appearance of coming from a disinterested, grassroots participant (i.e. fake grassroots); FAKE GRASS/FAKE SUPPORT; OPPOSITE OF GRASSROOTS; Creating the impression of public support by paying people in the public to pretend to be supportive. Bundling - A tactic in which PACs collect contributions from like-minded individuals (each limited to $2000) and present them to a candidate or political party as a “bundle,” thus increasing the PAC’s influence. Checkbook Membership- send in money to be a member A checkbook member is...

Words: 6201 - Pages: 25

Premium Essay

Con Law

...Equality and the Constitution 4 Class 1: Slavery and the Constitution 4 1. The Original Constitution 4 2. State v. Post 4 3. Dred Scott v. Sandford (1857) 4 4. Reconstruction 5 5. Post-Reconstruction Cases 6 Class 2: The Advent of American Constitutional Law: Brown 7 6. RACIAL EQUALITY 7 7. Brown I (1954) The segregation of children in public schools based solely on race violates the Equal Protection Clause. 7 2. Brown II 8 3. What was the constitutional harm in Brown? 8 4. THEORY 8 5. Subsequent School Desegregation 9 Class 3: Local Efforts to Desegregate: Parents Involved 11 6. Parents Involved 11 Class 4: Rational Basis Review: Cleburne, Romer, etc. 13 2. Tiers of Scrutiny 13 3. Beazer (1979) 13 4. Moreno (1973) 14 5. Cleburne (1985) 14 6. Romer (1996) 15 7. Nordlinger (1992) and Allegheny Pittsburgh (1989) 16 8. Lee Optical (1955) 17 Class 5: Racial Classifications and Heightened Scrutiny: Strauder, Korematsu, Loving 17 9. Heightened Scrutiny Analysis 17 10. Strauder (1880) 17 11. Korematsu (1944) 18 12. Loving (1967) 19 13. Theories Supporting Strict Scrutiny of Racial Classifications 20 14. Tiers of Scrutiny 20 15. Tiers of Scrutiny Table 21 Class 6: Facially Neutral Classifications: Washington v. Davis 21 16. Types of Discrimination (from Fall) 21 X. Disparate Impact 21 XI. Purposive Discrimination 22 ...

Words: 52904 - Pages: 212

Premium Essay

Pols Final Exam Review

...Federal Government Exam 1 Review: The first exam will consist of questions generated from the following review sheet. Make sure you understand each of these topics before proceeding to the test. The exam will be timed so you will not have the ability to peruse your notes or retake the exam. The exam itself will consist of 30 multiple choice questions and you will have 35 minutes to complete the exam. Federalism: The Basic elements of a Federal system of government (i.e. how is it structured/how power is shared) • Layers of gov • Equal power • Distinct powers Powers of the federal government: delegated powers, implied powers (necessary and proper clause), and concurrent powers. • Delegated Powers: (expressed/enumerated powers) powers given to the federal government directly by the constitution. Some most important delegated powers are: the authority to tax, regulated interstate commerce, authority to declare war, and grants the president role of commander and chief of the military • Implied Powers: Powers not expressed in the constitution, but that can be inferred. “Necessary and proper clause” • Concurrent powers: powers shared by both levels of government. Ex: Taxes, roads, elections, commerce, establishing courts and a judicial system • Reserved powers: powers not assigned by the constitution to the national government but left to the states or the people. Guaranteed by the 10th amendment. Include “police power”-health and public...

Words: 37488 - Pages: 150

Free Essay

Pedophile

...* * Child Molestation and Homosexuality Ann Landers used to proclaim that the statement “Homosexuals are more inclined to molest children sexually than heterosexuals” is false.1 The American Psychological Association sponsored a work asserting: “Recognized researchers in the field on child abuse,… almost unanimously concur that homosexual people are actually less likely to approach children sexually.”2 Why is it, then, that we read about sex between boys and men in every newspaper? Does it merely reflect sensationalist journalism? We know that heterosexual molestation also occurs. But since there are so many more heterosexuals than homosexuals, which kind of child molestation — homosexual or heterosexual — is proportionately more common? The Scientific Evidence Three kinds of scientific evidence point to the proportion of homosexual molestation: 1) survey reports of molestation in the general population, 2) surveys of those caught and convicted of molestation, and 3) what homosexuals themselves have reported. These three lines of evidence suggest that the 1%-to-3% of adults who practice homosexuality3account for between a fifth and a third of all child molestation. Reports of Molestation by the General Population In 1983, a probability survey of the sexual experiences of 4,340 adults in five U.S. cities found that about 3% of men and 7% of women reported sexual involvement with a man before the age of 13 (i.e., 30% was homosexual).4 In 1983-84, a random survey...

Words: 23815 - Pages: 96

Premium Essay

Police

...BELHAVEN UNIVERSITY Jackson, Mississippi A CHRISTIAN UNIVERSITY OF LIBERAL ARTS AND SCIENCES FOUNDED IN 1883 CATALOGUE 2014-2015 EFFECTIVE JUNE 1, 2014 Directory of Communication Mailing Address: Belhaven University 1500 Peachtree St. Jackson, MS 39202 Belhaven University 535 Chestnut St. Suite 100 Chattanooga, TN 37402 Belhaven University 7111 South Crest Parkway Southaven, MS 38671 Belhaven University – LeFleur 4780 I-55 North Suite 125 Jackson, MS 39211 Belhaven University 15115 Park Row Suite 175 Houston, TX 77084 Belhaven University Online 1500 Peachtree St. Box 279 Jackson, MS 39202 Belhaven University 1790 Kirby Parkway Suite 100 Memphis, TN 38138 Belhaven University 4151 Ashford Dunwoody Rd. Suite 130 Atlanta, GA 30319 Belhaven University 5200 Vineland Rd. Suite 100 Orlando, FL 32811 Traditional Admission Adult and Graduate Studies Admission – Jackson Atlanta Chattanooga Desoto Houston Memphis Orlando Alumni Relations/Development Belhaven Fax Business Office Campus Operations Integrated Marketing Registrar Student Life Security Student Financial Planning Student Development Online Admission Online Student Services (601) 968-5940 or (800) 960-5940 (601) 968-5988 or Fax (601) 352-7640 (404) 425-5590 or Fax (404) 425-5869 (423) 265-7784 or Fax (423) 265-2703 (622) 469-5387 (281) 579-9977 or Fax (281) 579-0275 (901) 896-0184 or Fax (901) 888-0771 (407) 804-1424 or Fax (407) 367-3333 (601) 968-5980 (601) 968-9998 (601) 968-5901 (601) 968-5904 (601) 968-5930 (601) 968-5922...

Words: 151104 - Pages: 605

Free Essay

Bloodlines of the Illuminati

...Bloodlines of Illuminati by: Fritz Springmeier, 1995 Introduction: I am pleased & honored to present this book to those in the world who love the truth. This is a book for lovers of the Truth. This is a book for those who are already familiar with my past writings. An Illuminati Grand Master once said that the world is a stage and we are all actors. Of course this was not an original thought, but it certainly is a way of describing the Illuminati view of how the world works. The people of the world are an audience to which the Illuminati entertain with propaganda. Just one of the thousands of recent examples of this type of acting done for the public was President Bill Clinton’s 1995 State of the Union address. The speech was designed to push all of the warm fuzzy buttons of his listening audience that he could. All the green lights for acceptance were systematically pushed by the President’s speech with the help of a controlled congressional audience. The truth on the other hand doesn’t always tickle the ear and warm the ego of its listeners. The light of truth in this book will be too bright for some people who will want to return to the safe comfort of their darkness. I am not a conspiracy theorist. I deal with real facts, not theory. Some of the people I write about, I have met. Some of the people I expose are alive and very dangerous. The darkness has never liked the light. Yet, many of the secrets of the Illuminati are locked up tightly simply because secrecy is a way...

Words: 206477 - Pages: 826