Letter from Bay Area Physicians for Human Rights to the Supreme Court
7/15/1986
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Bay Area Physicians for Human Rights sent this letter to the U.S. Supreme Court following the decision in Bowers v. Hardwick to uphold Georgia's anti-sodomy laws. They argued that the Bowers decision denied gay men and women the right to private expression and undermined Americans' right to privacy.
The letter states: "The Supreme Court has made an error... This...decision represents a backward step from some of the most basic ideals of America: diversity of thought and action, and the right to privacy."
In 1982, Michael Hardwick had been arrested for violating Georgia’s anti-sodomy law. When his case reached the U.S. Supreme Court, Hardwick’s lawyer argued that Georgia does not have the power to determine "how every adult, married or unmarried, in every bedroom in Georgia will behave." Georgia’s lawyer, Michael Hobbs, declared that the right to privacy did not extend beyond marriage and childrearing. He claimed the state was "adhering to centuries-old tradition and the conventional morality of its people."
The Supreme Court upheld the anti-sodomy laws in their 5–4 decision. They found no fundamental protection of consensual sodomy and refused to invalidate a law approved by the Georgia electorate.
The letter states: "The Supreme Court has made an error... This...decision represents a backward step from some of the most basic ideals of America: diversity of thought and action, and the right to privacy."
In 1982, Michael Hardwick had been arrested for violating Georgia’s anti-sodomy law. When his case reached the U.S. Supreme Court, Hardwick’s lawyer argued that Georgia does not have the power to determine "how every adult, married or unmarried, in every bedroom in Georgia will behave." Georgia’s lawyer, Michael Hobbs, declared that the right to privacy did not extend beyond marriage and childrearing. He claimed the state was "adhering to centuries-old tradition and the conventional morality of its people."
The Supreme Court upheld the anti-sodomy laws in their 5–4 decision. They found no fundamental protection of consensual sodomy and refused to invalidate a law approved by the Georgia electorate.
This primary source comes from the Records of the Supreme Court of the United States.
Full Citation: Letter from Bay Area Physicians for Human Rights to the Supreme Court; 7/15/1986; Case File 85-140, O.T. 1985; Bowers, Attorney General of Georgia v. Hardwick et al.; Appellate Jurisdiction Case Files, 1792 - 2015; Records of the Supreme Court of the United States, Record Group 267; National Archives Building, Washington, DC. [Online Version, https://www.docsteach.org/documents/document/bay-area-physicians, April 26, 2024]Rights: Public Domain, Free of Known Copyright Restrictions. Learn more on our privacy and legal page.