Thursday, September 26, 2019

Case Law Essay Example | Topics and Well Written Essays - 1500 words

Case Law - Essay Example The focus of this report will be to examine the two decisions to discover the inconsistencies and assess the reasons for them. The basic issue at stake in both the cases is that of defining the extent of individual liberty and freedoms that may be exercised under the constitutional amendments to the Constitution in the context of the wider moral framework of public morality and codes of behavior. The suit was brought by defendant Hardwick who was charged by the Georgia State Government for criminal violation of the state’s statute that criminalized sodomy. Hardwick challenged the constitutionality of his criminal conviction, since it violated his fundamental rights. The District Court supported the State’s position but the Court of Appeals reversed the decision. However, the Supreme Court upheld the constitutionality of the Georgia statute. In connection with the issue of fundamental rights of the defendant, the Court stated: â€Å" None of the fundamental rights announced in this Courts prior cases involving family relationships, marriage, or procreation bear any resemblance to the right asserted in this case. And any claim that those cases stand for the proposition that any kind of private sexual conduct between consenting adults is constitutionally insulated from state proscription is unsupportable† [pp 190-191] The Supreme Court supported its position by quoting the case of Stanley v Georgia3:†Ã¢â‚¬ ¦..the fact that homosexual conduct occurs in the privacy of the home does not affect the result.† (pp 195-196). During the period when this case was prosecuted in the courts, most states had laws that criminalized homosexual behavior between two consenting adults even if it was carried on in the privacy of their bedrooms and the decision reflected the predominant view of the majority of Americans about the illegality of homosexual behavior. A 5-4 majority in the Supreme Court upheld Georgia laws on sodomy which criminalized the act on grounds of

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