2. Bowers v. Hardwick (1986)
• How did this case arise?
– In the summer of 1982, Atlanta police arrived at Michael
Hardwick’s home to arrest him because he failed to
show up at court for his charges of drinking alcohol in
public. When a roommate lead the police into Hardwick’s
home, they noticed a door was open, and upon looking in
that room, Hardwick was found engaging in oral sex with
another male. Hardwick, along with his partner, were
arrested for violating the Georgia Sodomy Statue. This
state stated that the offense of sodomy is committed
when a sexual action is involving the mouth of one
person, and the anus of another person is involved.
Hardwick was angry, and as a result, sued the state of
Georgia.
3. Bowers v. Hardwick (1986)
• Outcome of this case:
– The Supreme Court ruled that “the right for gays to
engage in sodomy was not protected by the
Constitution, that the Georgia law was legal, and that
the charges against Hardwick would stand” (McBride).
The Court also claimed that the right to commit same-
sex sodomy is not a “fundamental right” as protected
by the Due Clause (McBride). Finally, while Hardwick
argued that homosexual sodomy be protected from
“irrational state regulations,” the Supreme Court
claimed that supporting homosexual sodomy would
significantly bring down the morality of society.
4. Romer v. Evans (1996)
• How did this case arise?
– Issues over gay rights in Colorado were a major controversial
front in the 1970s and 80s. In the late 80s, an flood of Christians
came to Colorado. They not only disagreed with the local laws
stating that “gay sexual activity was no longer subject to criminal
penalties,” but they worked to change these laws. They
succeeded, and placed Amendment 2 that would repeal any laws
the protected homosexuals and bisexuals (Urofsky). This would
also prohibit legislation later to change the rights and protections
of gays, lesbians, and bisexuals. As a result of this Amendment
being approved, Richard G. Evans, a Denver administrator, sued
Roy Romer, the governor of Colorado. He wanted Amendment 2
to be “nullified as a violation of the Fourteenth Amendment,”
which says that all people have the right to equal protection
under the law (Urofsky).
5. Romer v. Evans (1996)
• Outcome of the case:
– Amendment 2 was deemed unconstitutional by the
Colorado Supreme Court. This case later appealed to the
Supreme Court, but it still was seen unconstitutional.
Justice Anthony Kennedy spoke for the Colorado Supreme
Court and said that in essence, “the amendment excluded
gays and lesbians from the social and political order”
(Kennedy qtd. In Urofsky). This case has been important for
the legal recognition of gay rights (Urofsky). This ruling
showed people that “prejudice on the basis of sexual
orientation was no more acceptable under the Constitution
than discrimination on the basis of race or religion”
(Urofsky).
6. Boy Scouts of America v. Dale (2000)
• How did this case arise?
– Respondent Dale, an assistant scoutmaster for a
New Jersey troops of Boy Scouts, sued the Boy
Scouts of America organization after they fired
him from his position as scoutmaster. The
organization did so upon finding out that Dale was
not only a homosexual, but a gay rights activist as
well. The Boy Scouts claimed that being gay “is
inconsistent with those values” that the Boy
Scout organization has worked on maintaining in
boys nationwide (Gearey).
7. Boy Scouts of America v. Dale (2000)
• Outcome of the case:
– The Supreme Court ruled that the Boy Scouts of America had
the constitutional right to discriminate against homosexual
members. The Court claimed that being gay “infringed the
Scouts’ First Amendment right of expressive association by
requiring it to admit and retain members who did not conform to
its standards” (Gearey). While the First Amendment states that,
“Congress shall make no law abridging the freedom of speech, or
of the press; or the right of the people peaceable to assembly,
and to petition the Government,” it also says that “the
prohibition on encroachment of First Amendment protections is
not absolute. Restraints are permitted for appropriate reasons”
(Constitution qtd. In Gearey). The Supreme Court used the last
sentence of the First Amendment to justify their ruling in this
Court Case.
8. Lawrence v. Texas (2003)
• How did this case arise?
– After a Houston citizen called the police reporting that there was a
weapon disturbance at an apartment complex, Police went to that
apartment complex where they found John Geddes Lawrence. In his
personal apartment, Lawrence was found engaging in sexual activity
with another man named Tyron Garner. Both Garner and Lawrence
were arrested claiming that they violated the “Homosexual
Conduct” law which “provided that a ‘person commits an offense if
he engages in deviate sexual intercourse with another individual of
the same sex’” (McBride). Both men were held in jail for a night,
and upon their release, Lawrence appealed his case saying that the
Homosexual Conduct Law was unconstitutional, as it violated both
the Equal Protection Clause, and the general “right to privacy”
(McBride).
9. Lawrence v. Texas (2003)
• Outcome of the case:
– The Supreme Court ruled that the Homosexual Conduct Law
violated the Constitution and therefore, the conviction of Lawrence
and Garner was discarded. The Supreme Court’s justification was
that the Homosexual Conduct Law violated the Fourteenth
Amendment of the Constitution. The 14th Amendment “protects a
substantive right to personal liberty in intimate decisions,” which the
Court believed was the big issue. It wasn’t a matter of “should
homosexual sodomy be allowed or not?,” but was an issues of “the
right to privacy in the home,” as well as the “right to freely engage
in consensual, adult sex” (McBride). This case reversed the decision
in the Bowers v. Hardwick case, and was important for the
progression of gay rights in America.
