Which case held that the right to privacy did not protect consensual homosexual sex from prosecution under Georgia's sodomy law?

Which case held that the right to privacy did not protect consensual homosexual sex from prosecution under Georgia's sodomy law?

• A. Doe v. Bolton
• B. Bowers v. Hardwick
• C. McCleskey v. Kemp
• D. Roe v. Wade

Answer: (B)

The key idea here is how far the right to privacy protects intimate sexual conduct under the Due Process Clause. In the case of Bowers v. Hardwick, the Supreme Court held that the right to privacy does not extend to consensual homosexual activity, so Georgia’s sodomy law could criminalize such conduct without violating the Constitution. This ruling accepted that the state had a legitimate interest in regulating sexual behavior and that privacy protections did not require striking down the statute in this context. It wasn’t until Lawrence v. Texas, years later, that the Court overruled this approach and recognized a broader liberty to engage in private, consensual adult sexual conduct. For context, the other famous cases you might see cited address different issues—Roe v. Wade and Doe v. Bolton focus on abortion rights, while McCleskey v. Kemp deals with racial considerations in the death penalty. none of these address the specific privacy protection for consensual homosexual activity in the way Bowers did.

The key idea here is how far the right to privacy protects intimate sexual conduct under the Due Process Clause. In the case of Bowers v. Hardwick, the Supreme Court held that the right to privacy does not extend to consensual homosexual activity, so Georgia’s sodomy law could criminalize such conduct without violating the Constitution. This ruling accepted that the state had a legitimate interest in regulating sexual behavior and that privacy protections did not require striking down the statute in this context. It wasn’t until Lawrence v. Texas, years later, that the Court overruled this approach and recognized a broader liberty to engage in private, consensual adult sexual conduct.

For context, the other famous cases you might see cited address different issues—Roe v. Wade and Doe v. Bolton focus on abortion rights, while McCleskey v. Kemp deals with racial considerations in the death penalty. none of these address the specific privacy protection for consensual homosexual activity in the way Bowers did.