2007-01-23 04:36:46 · 5 answers · asked by crys 1 in Politics & Government ➔ Elections
The case upheld Georgia's sodomy law, finding that their is no constitutional right to homoxexual sodomy (note, however, that the law itself was neutral on its face and would apply equally to heteroxexual sodomy as well).
http://caselaw.lp.findlaw.com/scripts/getcase.pl?navby=CASE&court=US&vol=478&page=186
The case was overturned in 2003 by Lawrence v. Texas.
http://caselaw.lp.findlaw.com/scripts/getcase.pl?navby=CASE&court=US&vol=539&page=558
The primary constitutional issue is the right to privacy, a penumbra of the First Amendment.
2007-01-23 04:47:34 · answer #1 · answered by Eric 3 · 0⤊ 0⤋
The case was about whether or not sodomy was protected by constitutional rights.
In a 5-4 decision the court acknowledged that it only protects rights not clearly stated in the constitution under certain conditions (when the right is "implicit in the concept of ordered liberty" (Palko v. Connecticut, 1937) or "deeply rooted in the Nation's history and tradition" (Griswold v. Connecticut, 1965) and sodomy didn't pass either of those tests. So there was no constitutional protection for sodomy.
It was later overturned with Lawrence v. Texas (2003) on the grounds of privacy.
2007-01-23 04:48:39 · answer #2 · answered by Mike K 5 · 1⤊ 0⤋
Do your own homework.
2007-01-23 04:38:40 · answer #3 · answered by Seven Costanza 5 · 0⤊ 0⤋
Gay rights / privacy -- whether a state can make it illegal to practice gay sex.
2007-01-23 04:40:03 · answer #4 · answered by C_Bar 7 · 0⤊ 0⤋
do your own research for your homework!
2007-01-23 04:38:29 · answer #5 · answered by Tacyella 4 · 0⤊ 0⤋