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Majority opinion June 30, 2013

Posted by Ezra Resnick in Equality, Freedom, Law.
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In 1986, the U.S. Supreme Court upheld (Bowers v. Hardwick) a Georgia sodomy law that criminalized private sexual acts between consenting same-sex adults. The case was decided by a margin of 5 to 4.

In his dissenting opinion, Justice Harry Blackmun wrote:

I believe we must analyze respondent Hardwick’s claim in the light of the values that underlie the constitutional right to privacy. If that right means anything, it means that, before Georgia can prosecute its citizens for making choices about the most intimate aspects of their lives, it must do more than assert that the choice they have made is an “abominable crime not fit to be named among Christians”…

I cannot agree that either the length of time a majority has held its convictions or the passions with which it defends them can withdraw legislation from this Court’s scrutiny…

That certain, but by no means all, religious groups condemn the behavior at issue gives the State no license to impose their judgments on the entire citizenry. The legitimacy of secular legislation depends, instead, on whether the State can advance some justification for its law beyond its conformity to religious doctrine… A State can no more punish private behavior because of religious intolerance than it can punish such behavior because of racial animus…

I can only hope that… the Court soon will reconsider its analysis and conclude that depriving individuals of the right to choose for themselves how to conduct their intimate relationships poses a far greater threat to the values most deeply rooted in our Nation’s history than tolerance of nonconformity could ever do. Because I think the Court today betrays those values, I dissent.

Equal justice under lawThe Court reversed its ruling in 2003 (Lawrence v. Texas), invalidating all remaining sodomy laws — making same-sex sexual activity legal in all U.S. states. The case was decided by a margin of 6 to 3.

On June 26, 2013, the Court ruled (United States v. Windsor) that Section 3 of the “Defense of Marriage Act” is unconstitutional, and that the federal government may not discriminate against same-sex married couples.

The case was decided by a margin of 5 to 4.

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