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Bowers v. Hardwick

In this 1986 case, the Court reviewed an anti-sodomy statute in Georgia. The plaintiff was arrested in his bedroom for having sex with another man. The court ruled on a 5-4 vote that the constitutional right to privacy did not apply to conduct between members of the same sex. In handing down this ruling, the court made a distinction between homosexual behavior and actions such as birth control, abortion, and interracial marriage. While the court had previously found that all of these were covered by the right to privacy in the due process clause of the Fourteenth Amendment, homosexual acts were not covered by this clause, according to the Court.

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