majority opinion in Bowers v. Hardwick

E119848

The majority opinion in Bowers v. Hardwick is the 1986 U.S. Supreme Court decision, authored by Justice Byron White, that upheld the constitutionality of a Georgia law criminalizing consensual homosexual sodomy, later overturned by Lawrence v. Texas.

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Statements (45)

Predicate Object
instanceOf Supreme Court majority opinion
judicial opinion
author Byron R. White
surface form: Justice Byron White
caseCitation 478 U.S. 186
caseName Bowers v. Hardwick
citationStyle Bowers v. Hardwick
surface form: Bowers v. Hardwick, 478 U.S. 186 (1986)
constitutionalProvisionInterpreted Due Process Clause
surface form: Fourteenth Amendment Due Process Clause
court Supreme Court of the United States
decisionDate 1986-06-30
docketNumber No. 85-140
effect upheld the constitutionality of Georgia’s sodomy statute at the time of decision
held a Georgia statute criminalizing sodomy was constitutional as applied to consensual homosexual conduct in the home
majority opinion in Bowers v. Hardwick self-linksurface differs
surface form: the Constitution does not confer a fundamental right upon homosexuals to engage in sodomy
impact narrowed the scope of recognized privacy rights under the Due Process Clause until overruled
joinedBy Warren E. Burger
surface form: Chief Justice Warren E. Burger

Lewis F. Powell Jr.
surface form: Justice Lewis F. Powell Jr.

Sandra Day O’Connor
surface form: Justice Sandra Day O’Connor

William H. Rehnquist
surface form: Justice William H. Rehnquist
jurisdiction appeal from the United States Court of Appeals for the Eleventh Circuit
legalIssue criminalization of homosexual conduct
right to privacy
substantive due process
locationOfChallengedConduct Hardwick’s home in Georgia
overruledBy Lawrence v. Texas (in part)
surface form: Lawrence v. Texas
overruledByCitation 539 U.S. 558
overruledByDecisionDate 2003-06-26
partOf Bowers v. Hardwick
proceduralPosture reversal of the Eleventh Circuit’s decision that had found the statute unconstitutional
reasoning concluded that proscriptions against sodomy have ancient roots and therefore do not violate the Due Process Clause
distinguished prior privacy cases involving marriage, procreation, contraception, family relationships, and child rearing
emphasized historical condemnation of homosexual sodomy in Western civilization and American law
framed the question as whether the Constitution confers a fundamental right upon homosexuals to engage in sodomy
stated that moral disapproval of homosexual conduct is a rational basis for legislation
rejectedClaim that consensual homosexual sodomy is a fundamental right deeply rooted in this Nation’s history and tradition
relatedConcept fundamental rights analysis
history and tradition test in substantive due process
relatedStatute Lawrence v. Texas (in part)
surface form: Georgia sodomy statute
standardOfReview rational basis review
subjectMatter LGBT rights
constitutional law
criminal law
subsequentCharacterization described in Lawrence v. Texas as having been wrongly decided
subsequentTreatment majority opinion in Bowers v. Hardwick self-linksurface differs
surface form: criticized in later Supreme Court opinions including Lawrence v. Texas
termOfCourt October Term 1985
voteCount 5–4

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Referenced by (6)

Full triples — surface form annotated when it differs from this entity's canonical label.

Byron R. White notableWork majority opinion in Bowers v. Hardwick
Lawrence v. Texas (in part) overruledCase majority opinion in Bowers v. Hardwick
subject surface form: Lawrence v. Texas
this entity surface form: Bowers v. Hardwick
United States Supreme Court cases of the Burger Court hasNotableCase majority opinion in Bowers v. Hardwick
this entity surface form: Bowers v. Hardwick
majority opinion in Bowers v. Hardwick held majority opinion in Bowers v. Hardwick self-linksurface differs
this entity surface form: the Constitution does not confer a fundamental right upon homosexuals to engage in sodomy
majority opinion in Bowers v. Hardwick subsequentTreatment majority opinion in Bowers v. Hardwick self-linksurface differs
this entity surface form: criticized in later Supreme Court opinions including Lawrence v. Texas
Harry A. Blackmun notableDissent majority opinion in Bowers v. Hardwick
this entity surface form: Bowers v. Hardwick dissent (referenced in later LGBT rights jurisprudence)