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Bowers v. Hardwick

Bowers V Hardwick

The Background of Bowers v. Hardwick (1986)

Upon return from a drinking establishment indented for the patronage of individuals identifying themselves as homosexual with regard to their respective sexual orientation, Michael Hardwick was arrested for engaging in consensual sodomy with another adult male. Upon his arrest, Hardwick was informed that upon doing so, he had violated expressed restrictions stated within the Georgia Sodomy Law. The statutes with the Georgia Sodomy Law stated that any nature of oral or anal sexual intercourse undertaken between two individuals of the same sex is considered to be illegal – regardless of any or all respective consent latent within the circumstance

Due process is defined as the government’s obligation to respect, maintain, and uphold the legal rights of its citizen in the event of an arrest; the government must retain an individual’s human rights and liberties – this includes fair, respectful, and ethical treatment devoid of undue bias or damage

The Case Profile of Bowers v. Hardwick

The following is a case profile of the legal trial eponymously titled ‘Bowers v. Hardwick’:

Date of the Trial: March 31st, 1986

Legal Classification: Administrative Law; this legal field associated with events and circumstances in which the Federal Government of the United States engages its citizens, including the administration of government programs, the creation of agencies, and the establishment of a legal, regulatory federal standard

Accused Criminal Activity: The following criminal activity and charges were cited by Michael Bowers – acting as the Attorney General of the State of Georgia - against Michael Hardwick within the appeal brought forth subsequent to the initial ruling:

Hardwick claimed that the legislation prohibiting such sexual activity between two consenting, homosexual adults was in direct violation of the Equality Clause expressed within the 14th Amendment to the Constitution

United States Reports Case Number: 478 U.S. 186

Date of the Delivery of the Verdict: June 30th, 1986

Legal Venue of Bowers v. Hardwick: The Supreme Court of the United States

Judicial Officer Responsible for Ruling: Chief Justice Warren E. Burger

Involved Parties: The following are the parties named with regard to their involvement in the Bowers v. Hardwick case:

Michael J. Bowers; Plaintiff – Bowers v. Hardwick

Michael Hardwick; Defendant - Bowers v. Hardwick

Verdict Delivered: The Supreme Court ruled in favor of the State of Georgia, stating that the 14th Amendment was applicable to activities and events that did not exist in direct contrast of the fundamental and traditional values expressed; the Supreme Court added that due to the fact that no statute addressing sodomy existed within the 14th Amendment, the act of mandating a ruling that advocated for such activity could potentially result in the presumed perception that the Supreme Court in some way provided a nature of support for activity designated as the direct violation of values considered to be both traditional and fundamental.

Associated Legislation with regard to Bowers v. Hardwick: The following statutory regulations were employed with regard to the Bowers v. Hardwick trial:

The 8th Amendment addresses legal criminal procedure; this Amendment prohibits punitive recourse classified as ‘cruel and unusual’ with regard to prosecution, as well as the prohibition of an excessive bail process

The 14th Amendment illustrates legislation that disallows the government from infringing on the right(s) to pursue ‘Life, Liberty, and the Pursuit of Happiness’ with regard to any and all citizens of the United States of America – this statute is applicable to all measures of gender, race, religion, and age

NEXT: Boy Scouts of America v. Dale

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