What to Do When the Supreme Court Rules the Wrong Way
Briefly

Michael Hardwick, a bartender in Georgia, was arrested for sodomy after being discovered engaging in consensual sex in his home. The A.C.L.U. saw him as an ideal plaintiff for challenging the state's legal stance against sodomy, asserting that Georgia's law was archaic and unjust. Despite this, the case, Bowers v. Hardwick, reached the Supreme Court in 1986, where a narrow majority upheld the law, reflecting the political and societal environment shaped by Reaganism and fears surrounding AIDS. The ruling shocked many and cast a long shadow on LGBTQ+ rights.
Michael Hardwick, a Georgia bartender arrested for sodomy, was seen as the ideal plaintiff challenging a law that imposed severe penalties for non-heteronormative sexual acts. His case, Bowers v. Hardwick, revealed the challenges faced by LGBTQ+ individuals against a backdrop of social conservatism and legal discrimination. The Supreme Court’s 1986 decision to uphold the sodomy law shocked many, highlighting the era’s political and judicial biases, including influences from Reaganism and individual justices' perspectives.
The A.C.L.U. lawyers believed they had a strong case with Hardwick's circumstances, given that he was openly gay and no minors were involved, making it a clear issue of personal rights. However, the case faced delays and ultimately resulted in a Supreme Court ruling that upheld the law, reflecting the deep-seated societal biases of the time.
Read at The New Yorker
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