Thiscase never broke through to the Atlanta, Georgia trial court due to a preliminaryhearing that was in favor of the District Attorney, but later decided to notpresent to a grand jury because of the lack of developed evidence. Hardwick then followed through to the FederalDistrict Court of Appeals for the 11th Circuit. Hardwick challenged theGeorgia statute that criminalized sodomy stating that it infringed upon hisconstitutional rights. The case was appealed and reversed the ruling of thelower courts. It was then appealed to the U.S Supreme Court asking a Constitutionalquestion.
The U.S. Supreme Court thenissued a writ of certiorari to review the case further and examine if the Georgiastatute is unconstitutional. RelevantFacts: Atlanta,Georgia police officers arrived at Hardwick’s residence where they we admittedinside by a current roommate of the residence.
Officers then discovered Hardwick and another adult male in a bedroomengaging in oral sex. Further policeinvestigation revealed that both male had given their full consent to theact. The event took place in the privacyof Hardwick’s home and had no consequences to any third party or persons. Both males were over the age of consent andfeelings were on mutual stand point. Althoughthe police were dispatched to the residence for another purpose, (later to bedetermined invalid due to an outdated warrant for the arrest Hardwick) Hardwickwas still charged with violating the Georgia statute that criminalize sodomyfor both heterosexual and homosexual couples.
TheLegal Issues:(1.) Is the Georgia statute law that prohibitssodomy an infringement upon one’s fundamental rights of privacy? (2.) Was Hardwick strictly targeted by the statutebecause of his homosexuality, and if so was he put in a higher risk of arrestdue to it. (3.
) Does the U.S. Constitution protect the rightsof homosexual couples to engage in sodomy? (4.) Was the 14th Amendment at any point violated during theinvestigation procedure of the case?