PHIL 102 Lecture 5: Bowers Vs Hardwick

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Bowers Vs. Hardwick
1. Does Hardwick have a right to same sex-sex?
a. Hardwick argues for Privacy was a liberty that should be protected
b. Supreme court decision was based on due process
b.i. Thought right of privacy is protected under this clause it was interpreted as
protection of intimate aspects of marriage, procreation, contraception, family
relationships, and child rearing form state interference, not sodomy( especially
gay sodomy) because it has “ no connection between family marriage or
procreation on the one hand and homosexual activity on the other hand has
been demonstrated”
b.ii. Class objection:
b.ii.1. What about the crazy Baptist who show up at a funeral of a
fallen solider
b.ii.2. Does the family not have a right to privacy?
b.ii.3. Must you own something to have a right to privacy?
c. Supreme court decision based on Order and liberty
c.i. The constitution only protects activities that are considered fundamental rights,
and sodomy was not considered such a right since the court could find no law
construing homosexual sodomy as a fundamental right deserving of
constitutional protection
c.ii. Class Objections:
c.ii.1. Liberty would be denied without privacy
d. Supreme court decision based on History and Tradition
d.i. Sodomy was banned by the 13 original colonies and outlawed by all 50 states
and illegal in half the states therefore it was not considered a fundamental right
d.ii. Class Objections:
d.ii.1. Culturally relativistic argument therefore it holds no ground
d.ii.2. Why should we care about how long ago laws were laid down
d.ii.2.a. (History and tradition argument most commonly
brought up when there is a problem of bigotry among the
supreme court justices)
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