Bowers v. Hardwick - Significance, Powell's Swing Vote Changes The Outcome, Domestic Partnership Laws, Further Readings

Bowers v. Hardwick - Significance

In Bowers, the Supreme Court retreated from its earlier position that consensual sexual activity that is not obscene was protected by a constitutional right to privacy. Michael Hardwick was a gay Atlanta bartender who was convicted under a Georgia anti-sodomy statute after he was discovered engaging in oral sex with another man. A police officer, who had come to serve Hardwick with a warrant for n…

Bowers v. Hardwick - Further Readings

Bowers v. Hardwick - Powell's Swing Vote Changes The Outcome

Justice Blackmun, dissented bitterly: "The Court's cramped reading of the issue before it makes for a short opinion, but it does little to make for a persuasive one." Blackmun, who was originally to have written the opinion of the Court in Bowers, lost that assignment when Justice Powell, who held the swing vote, changed his stance. The opinion was now assigned to White, who favored upholding the …

Bowers v. Hardwick - Domestic Partnership Laws

Cities across the United States have established registries allowing couples to gain recognition for their relationships outside of marriage. Registering as a couple is open to heterosexual as well as gay and lesbian partners. Although the formation of these domestic partnerships has yet to be challenged by the courts, registration may provide committed couples with some of the legal benefits prev…