Bowers v. Hardwick | Wikipedia audio article
Channel: wikipedia tts
Date: 08/02/2019

This is an audio version of the Wikipedia Article:
https://en.wikipedia.org/wiki/Bowers_v._Hardwick


00:01:59 1 Background
00:05:08 2 Opinion of the Court
00:05:42 2.1 Majority opinion
00:07:03 2.2 Chief Justice Burger's concurrence
00:07:34 2.3 Justice Powell's concurrence
00:08:57 2.4 Dissents
00:09:05 2.4.1 Justice Blackmun's dissent
00:10:27 2.4.2 Justice Stevens's dissent
00:11:10 2.4.3 Subsequent findings
00:11:45 3 Subsequent events
00:11:54 3.1 Hardwick
00:12:12 3.2 Jurisprudence
00:13:35 3.3 Justice Powell's later comments
00:14:12 3.4 Repeal of state sodomy laws
00:14:44 3.4.1 iLawrence v. Texas/i
00:15:34 3.5 Media portrayal
00:16:08 3.6 In popular culture
00:16:24 3.7 Hastening LGBTQ rights advocacy
00:16:44 4 See also



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SUMMARY
=======
Bowers v. Hardwick, 478 U.S. 186 (1986), is a United States Supreme Court decision that upheld, in a 5–4 ruling, the constitutionality of a Georgia sodomy law criminalizing oral and anal sex in private between consenting adults, in this case with respect to homosexual sodomy, though the law did not differentiate between homosexual sodomy and heterosexual sodomy. This case was overturned in 2003 in Lawrence v. Texas.
The majority opinion, by Justice Byron White, reasoned that the Constitution did not confer “a fundamental right to engage in homosexual sodomy”. 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.” Justice Lewis F. Powell later said he regretted joining the majority, but thought the case of little importance at the time.
The senior dissent, by Justice Harry Blackmun, framed the issue as revolving around the right to privacy. Blackmun's dissent accused the Court of an “almost obsessive focus on homosexual activity" and an “overall refusal to consider the broad principles that have informed our treatment of privacy in specific cases”. In response to invocations of religious taboos against homosexuality, Blackmun wrote: “That certain, but by no means all, religious groups condemn the behavior at issue gives the State no license to impose their judgments on the entire citizenry. The legitimacy of secular legislation depends, instead, on whether the State can advance some justification for its law beyond its conformity to religious doctrine.”Seventeen years after Bowers v. Hardwick, the Supreme Court directly overruled its decision in Lawrence v. Texas, and held that anti-sodomy laws are unconstitutional.