Choose a case in which the Supreme Court used the power of Judicial Review. How is this case relevant to American Society? How is this case relevant today?
This Issue has been revolving around societies among the world, and less discretion has been given to the discrimination against sexual Orientation. Bowers v. Hardwick case brought interesting steps to emancipate this civil rights issue against the ruling of the Supreme Court.
This case has become relevant through the years of American society. Especially, through the past few years when there was a struggle of support for independently sexual orientation, its view had a weak acceptance to close minded citizens. But for a short amount of time, some sense of respect has been given to show evidence that little by little everyone providing rights for sexual orientation. A great piece from the Bowers v. Hardwick case can show support for sodomy.“This case does not require a judgment on whether laws against sodomy between consenting adults in general, or between homosexuals in particular, are wise or desirable. It raises no question about the right or propriety of state legislative decisions to repeal their laws that criminalize homosexual sodomy, or of state-court decisions invalidating those laws on state constitutional grounds. The issue presented is whether the Federal Constitution confers a fundamental right upon homosexuals to engage in sodomy and hence invalidates the laws of the many States that still make such conduct illegal and have done so for a very long time.” In order of discovering that few states were allowing this sexual behavior among homosexuals, it was an astonishing moment for all the individuals that accomplished their goal. Also having rights to perform gay marriages, and rights to get treated equally among society. In this quote of Bowers v. Hardwick case shows a thorough explanation:“It is obvious to us that neither of these formulations would extend a fundamental right to homosexuals to engage in acts of consensual sodomy. Sodomy was a criminal offense at common law and was forbidden by the laws of the original 13 States when they ratified the Bill of Rights. In 1868, when the Fourteenth Amendment was [478 U.S. 186, 193] ratified, all but 5 of the 37 States in the Union had criminal sodomy laws. In fact, until 1961, all 50 States outlawed sodomy, and today, 24 States and the District of Columbia [478 U.S. 186, 194] continue to provide criminal penalties for sodomy performed in private and between consenting adults.”
During this Bowers v. Hardwick case,the supreme court tried to set trial on the the case. During 1986, Sexual orientation wasn't respected in the outer society and the supreme court has violated its means towards rights, laws, and amendments. In similar situations when it came to the ninth amendment it stated:
“The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.” So when it comes to it all, this explains that it's unacceptable to discriminate others. Also, since everyone has rights on right was privacy, one's ownership of belongings needs consent to revise or to act on anything concerning one's things. Since this case was discovered through someone's home and violation of privacy, the supreme court was at fault. Today in societies view, ways have changed since a while back. “Legalized gay marriage may never cause the transformation of society that some have predicted, given that it is likely to affect less than one in 100 U.S. married couples in the United States today.” Even though many societies around the world are against, it will show positive views to benefits of adopting kids (letting children experience living and being loved by a parents) and even though same sex-couples can't genetically produce they can still build up legal families. “Gay marriage, he said, will reinforce the idea that traditional marriages formed for the purpose of having children and providing a healthy mother-father environment is out, and alternative partnerships are in.”
When it comes to my opinion, I strongly agree for people to be able to cherish happiness in anyway, even if people can relate to being sexual oriented. I personally don't have nothing against the issue. I'm proud of all the people that overcame this issue and accomplished their goal to be accepted in human society.
Sources
1. Johnson, Ramon. "Gay Marriage Rights: Where Is Gay Marriage Legal?" About.com. 18 Aug. 2008. 1 Oct. 2008 <http://gaylife.about.com/od/samesexmarriage/a/legalgaymarriag.htm>.
2. BOWERS, ATTORNEY GENERAL OF GEORGIA v. HARDWICK ET AL. (June 30, 1986).
3. "Sexual Orientation Protected by Civil Rights Laws." VoteMatch. 1 Oct. 2008
4. U.S. Constitution: Ninth Amendment, Find Law For Legal
Professionals et seq.
5. Vlahos, Kelley B. "The Real Impact Of Gay Marriage On Society." Fox News.com. 24 Mar. 2004. © 2008 FOX News Network. 1 Oct. 2008
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