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Gays And Law


The respondent felt that these laws were leaving homosexuals in imminent danger of being arrested if the y were to have any type of intimate relationship with their partner at all. .
             Opinions in this case vary widely, including the opinions of the judges. Chief Justice Burger made his vies known that sodomy was from the ancient roots and should not be something based on personal preference rather the authority of the state. ON the contrary Justice Blackum expressed that it was repulsive to follow a rule of law in this day and age that was laid down when Henry IV reined. Another opinion was that of Justice Powell who felt that punishing for sodomy would violate the eight amendments (cruel and unusual punishment) because a conviction of this sort couled lead to a twenty-year jail sentence. With such harsh sodomy laws it's hard to distinguish whether a person is free to make their own personal decisions or if they are supposed to let society make them for them. .
             Hardwick's case is definitely a unique one. The Georgia laws on sodomy had barely been enforced in decades and suddenly it was now a headlining case and to further the irony of it all this man was caught in the act in his own bedroom of his own house. This puts up the serious question as to whether or not this could be considered an invasion of privacy and even personal security. .
             This case is prejudiced in the sense that we live in a different day and age than when these laws were established we are a much more liberal society and it's baffling to think that these ridiculous laws are still in existence. Finally Justice Powell dismissed the case on the grounds that these laws had not been enforced in decades. A few years later he was asked about the decision he made in this case and said that he felt hat he made a mistake in his decision, he felt that he should have tried to completely get these laws abolished. Not only were these laws not enforced anyway but they were also not enforceable with privacy clauses that had been bestowed in the past years.


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