PHIL 102 Lecture 5: Bowers Vs Hardwick
9 Aug 2016
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Bowers vs. hardwick: hardwick argues for privacy was a liberty that should be protected, supreme court decision was based on due process b. i. 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. Liberty would be denied without privacy: 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. Culturally relativistic argument therefore it holds no ground d. ii. 2.
