[Clipping of newspaper article: Supreme Court agrees to review Georgia...] Part: 1 of 2
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NATIONAL
Supreme Court agrees to review Georgia eBy William J. Choyke
Washington Bureau of The News
WASHINGTON - The U.S. Su-
preme Court agreed Monday to con-
sider the constitutionality of a
Georgia law banning sodomy be-
,tween consenting adults, a decision
;,,that could affect similar laws in 25
states, including Texas.
The law was challenged by Mi-
chael Hardwick, a self-described
practicing homosexual who was ar-
1 rested by Atlanta police in 1982 and
accused of committing the crime of
sodomy with another man in his
home. Hardwick was never indicted
or tried, but he sued Georgia offi-
:cials in 1983, seeking a ruling that
,the law was unconstitutional. A het-
erosexual couple joined Hardwick's
suit, but their challenge was dis-
missed because they were never ar-
rested.
A federal district court judge in
Georgia then dismissed Hardwick's
challenge, citing a 1976 ruling in
which the Supreme Court, without
explanation, upheld Virginia's so-
domy law.
The 11th U.S Circuit Court of
Appeals in Atlanta, however, over-
ruled the dismissal by a 2-1 vote last
May and said the sodomy law "infr-* Release of pictures. 19A
inges upon the fundamental consti-
tutional rights" of Hardwick to
have private sexual relations. Such
infringement, the appeals court
said, may be valid only if state offi-
cials show a "compelling interest"
in restricting privacy rights.
The state of Georgia appealed to
the Supreme Court, arguing that
striking down the law would hur
"the ability of . .. states to legislat
in an area which touches upon
moral issues."
"We think the facts of this case
are very strong for us - no money,
no minors, no force involved and in
the privacy of one's own bedroom,"
said Kathleen L. Wilde of Atlanta,
the lawyer for Hardwick.
Sodomy is a misdemeanor in
Texas, punishable by a fine of up to
$200. The law, which applies only to
homosexual behavior, was chal-
lenged in 1979 in a lawsuit filed by
Dallas gay activist Don Baker.
U.S. District Court Judge Jerry
Buchmeyer found the statute un-
constitutional in 1982, but the 5th
U.S. Circuit Court of Appeals in New
Orleans reversed that decision.
Baker's lawyers have asked thecourt to reconsider.
Baker's Dallas lawyer, Jim
Barber, said Monday he would soon
file a request to have the Supreme
Court review the 5th Circuit's deci-
sion when it takes up the Georgia
case. The court could agree to do so
or reject Baker's petition for re-
view.
"We hope to have both casesheard at the same time," Barber
said.
The Supreme Court has not is-
sued a detailed "gay rights" deci-
sion since 1967, when it ruled that
aliens found to be homosexual may
be deported as persons "afflicted
with a psychopathic personality.refused to consi
W. Carson that
ficials to sup
toothpaste or,
wear was "ci
ishment." Car
the Big Sprint
The court
tempt by DallIn other action, the court torney Henry
H-2
Tuesday, November S,
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[Clipping of newspaper article: Supreme Court agrees to review Georgia...], clipping, 19XX-11-05; (https://texashistory.unt.edu/ark:/67531/metadc947796/m1/1/?rotate=90: accessed July 16, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Special Collections.