Does anyone know any history behind Bowers v Hardwick?

[dsc]

Was it a case where a defense lawyer was trying anything to get a client off (Hardwick was charged with sodomy while the police investigated the crime he was eventually convicted of) or did the national gay rights groups sanction this challenge? I am very worried about the prop 8 challenge. It will take a few years to wind its way up the federal court food chain but when it does the court will likely be similar to what we have today. There are four pretty much dead certain votes against Thomas, Scalia, Alito, and Roberts (Roberts is a minisculely possible vote for based on his work on our side of Romer), three pretty much certain votes for Stevens, Ginsburg, and Breyer. One vote we are likely able to count on despite a lack of history Sotomayor. That leaves one swing vote, Kennedy. Bowers was a 5-4 decision with Powell as the deciding vote. He later regretted that vote more than any other he cast but the damage was done. For 16 years that precedent stayed on the books along with state Sodomy laws. When I worked in Mississippi in the mid 1990's I had to sign a morals clause which directly contained the sodomy law. A similar loss this time could end any federal effort in favor of marriage equality for a generation. I hope we aren't misreading this court, like the people behind the Bowers case did.

[aquart]

1. Bowers? Betty Bowers?

[dsc]

2. I don't recall the first name of the guy but his last name was Bowers

he was being investigated for robbery and when the police went to arrest him they found him in bed with a man so they charged him with sodomy to keep him in jail while they continued to investigate the robbery. His lawyer tried to get the sodomy charge eliminated to they could throw out the evidence of the robbery.

[LuvNewcastle]

3. I think you have your cases confused.

Bowers didn't commit robbery, they came to his house because he didn't show up for court for a lesser charge. The thing is, he had gone down to the courthouse days before and paid the fine. The whole thing was mishandled by the police department.

http://en.wikipedia.org/wiki/Bowers_v._Hardwick

[dsc]

4. sorry guess I did

and it explains that this was a planned, on purpose case so we clearly misread the court once. I just hope we aren't making the same mistake again.

[LuvNewcastle]

5. I hope so too.

I'm not very optimistic, though. I think it's going to be another twenty years before we see true marriage equality in this country.

[joeybee12]

15. Yes, the original charge was never prosecuted, but since the police

were there, they decided to get him for something, and that worthless Sandra day o'connor agreed that people have no right to privacy in their own homes.

[kenny blankenship]

16. nevermind

someone else already clarified this.

[MNBrewer]

7. I think Bowers was the Georgia State AG.

Hardwick was the gay guy.

[dsc]

8. yeah had it right in the first post then got messed up

[cecilfirefox]

6. Actually, I think Kennedy is a relative shoe-in.

He's been very agreeable to issues of importance to LGBT citizens, it's on pretty much everything but gay issues he's moderate-to conservative. Also, I have a lot of hopes for Perry v. Schwarzanegger, I think this may very well turn in our favor.

I'd also like to state that after having discussed with the lady, a woman with a doctorate, who taught me a class on religious issues & the supreme court I am further convinced(because she is convinced) that Kennedy will vote with us on this.

We'll see what happens.

[beyurslf]

9. I am more worried about Sotomayor than Kennedy.

[ShadowLiberal]

11. I'm worried about Kennedy after the whole cameras in the court appeal

Maybe his temporary blocking of it is more about "if I allow cameras here how can we not allow cameras when we deliberate at the Supreme Court", but it strikes me as a potential warning sign.

Similarly, Justice Breyer's public comments on barring cameras in the courtroom however seems to strongly suggest his support for gay rights/marriage to me.

[TheWraith]

10. It was primarily an ACLU driven challenge.

The charges were actually dropped against Hardwick, but he sued the Georgia state AG, Bowers, in Fed court trying to get the law overturned, and the ACLU backed him up, providing his lawyers.

[ruggerson]

12. We don't get anywhere if we don't keep fighting relentlessly

n/t

[mitchtv]

13. that is my response to the voices here

saying "wait the time is not right" we must develop a mass movement, civil disobedience, sit ins,flash mobs, the works.

[ruggerson]

14. yep, well said

n/t