Bowers v. Hardwick in the context of "Romer v. Evans"

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👉 Bowers v. Hardwick in the context of Romer v. Evans

Romer v. Evans, 517 U.S. 620 (1996), is a landmark United States Supreme Court case dealing with sexual orientation and state laws. It was the first Supreme Court case to address gay rights since Bowers v. Hardwick (1986), when the Court had held that laws criminalizing sodomy were constitutional.

The Court ruled in a 6–3 decision that a state constitutional amendment in Colorado preventing protected status based upon homosexuality or bisexuality did not satisfy the Equal Protection Clause. The majority opinion in Romer stated that the amendment lacked "a rational relationship to legitimate state interests", and the dissent stated that the majority "evidently agrees that 'rational basis'—the normal test for compliance with the Equal Protection Clause—is the governing standard". The state constitutional amendment failed rational basis review.

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Bowers v. Hardwick in the context of Sodomy laws in the United States

The early United States inherited sodomy laws which constitutionally outlawed a variety of sexual acts deemed illegal, illicit, unlawful, unnatural or immoral from the colonial-era based laws in the 17th century. While these laws often targeted sexual acts between persons of the same sex, many sodomy-related statutes employed definitions broad enough to outlaw certain sexual acts between persons of different sexes, in some cases even including acts between married persons.

Through the mid to late 20th century, the gradual decriminalization of consensual sexual acts led to the elimination of anti-sodomy laws in most U.S. states. During this time, the Supreme Court upheld the constitutionality of its sodomy laws in Bowers v. Hardwick in 1986. In 2003, the Supreme Court reversed that decision in Lawrence v. Texas, which invalidated any state sodomy laws, some of which were still law in the following 14 states: Alabama, Florida, Idaho, Kansas, Louisiana, Michigan, Mississippi, Missouri, North Carolina, Oklahoma, South Carolina, Texas, Utah and Virginia.

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