1986 SCOTUS: Bowers v. Hardwick 478 U.S. 186, gay people having sex in private is BAD

[steve2470]

http://en.wikipedia.org/wiki/Bowers_v._Hardwick

Bowers v. Hardwick, 478 U.S. 186 (1986), is a United States Supreme Court decision, overturned in 2003, that upheld, in a 5–4 ruling, the constitutionality of a Georgia sodomy law criminalizing oral and anal sex in private between consenting adults when applied to homosexuals.[1]

The majority opinion, written by Justice Byron White, argued that the Constitution did not confer "a fundamental right to engage in homosexual sodomy."[1] A concurring opinion by Chief Justice Warren E. Burger cited the "ancient roots" of prohibitions against homosexual sex, quoting William Blackstone's description of homosexual sex as an "infamous crime against nature", worse than rape, and "a crime not fit to be named." Burger concluded: "To hold that the act of homosexual sodomy is somehow protected as a fundamental right would be to cast aside millennia of moral teaching."[2] Justice Lewis F. Powell later said he regretted joining the majority, but thought the case of little importance at the time.

Actual bad decision here: http://caselaw.lp.findlaw.com/scripts/getcase.pl?navby=CASE&court=US&vol=478&page=186

[Gothmog]

1. Lawrence v. Texas in 2003 overruled this case effectively

Lawrence was an attempt to enforce the Texas sodomy law which made it illegal for gay people to make love. Lawrence was arrested at home in bed with his partner in a failed drug bust. Lawrence was prosecuted under the Texas sodomy law which the SCOTUS ruled was invalid

[steve2470]

2. thank god for Lawrence v. Texas! :) nt

[blkmusclmachine]

3. The GOP would love to overturn Lawrence. "Small government," y'know?!?!

[Gothmog]

4. That used to be part of the Texas GOP party platform