Maura Thompson
04/01/13
Court Case 9
BOWERS v. HARDWICK
478 U.S. 186
Bowers, Attorney General of Georgia v. Hardwick Et Al
Certiorari To United States Court of Appeals for the Eleventh Circuit
No. 85-140
Argued: March 31, 1986
Decided: June 30, 1986
Background:
The act of sodomy, in which Hardwick was charged, is an illegal act according to the Georgia statue of law. Although Hardwick committed this act in the privacy of his own home with another consenting adult male, the state law presents this act as illegal, as do the majority of the other states in the United States. Hardwick filed claim against the court stating that his rights were violated under the constitutional law.
Decision/Rationale:
The court ruled against Hardwick. They stated that fundamental rights under the constitution do not allow for homosexuals to engage in the act of sodomy, whether in the privacy of their own home or publically. Illegal drugs are still illegal whether they are in possession in public or in the privacy of one’s home. If the court were to accept this homosexual act as being valid, the Due Process Clause of the Fourteenth Amendment would have to be extended to all persons engaging in this act and new rights would have to be added, in which the court refused to execute.
Implications:
Although this case does not directly relate to education or teachers, it is very well that teachers should understand that, whether in public or in private, they will be judged accordingly to their actions. Teachers are especially expected to be a law abiding citizen in the eyes of the community. Although they have the right to their own life outside of the work place, their actions can have a direct reflection on their jobs as well.
Quiz Question:
(T/F) Does one have a right to engage in illegal activities if they are in the privacy of their own home?