Week 9 Discussion
"A Subculture No More"
Go
to the Case Brief Website located at http://www.casebriefs.com
or use the Internet to research "Bowers v. Hardwick, 478 U.S. 186
(1986)." Next, analyze the manner in which the defendant, Michael
Hardwick, argued that his right to privacy protected him against the Georgia
sodomy law. Next, debate whether or not such a law can remain constitutional
when same-sex marriage has been ratified in nearly thirty (30) states. Provide
support for your response.
BOWERS
V HARDWICK
The manner in which the defendant, Michael
Hardwick was enabled to argue his right against the Georgia’s Sodomy law by
utilizing the 9th Amendment “right to privacy” which had been
violated and was presented as argument by his attorney.
In the effect of whether the law regarding
sodomy can remain constitutional when same-sex marriage has been ratified in
nearly thirty (30) states will be a measure of decision. Due to the 9th Amendment to the
right of privacy this conclusively leads to a decision of moot. Even if the law is looked as unconstitutional
the “right to privacy” is always prevalent as defense.
As written by Chief Justice Robert Benham “we
cannot think of any activity that reasonable persons would rank as more private
and more deserving of protection from governmental interference than
consensual, private, adult sexual activity”.
Therefore, any acts between consenting adults will be deemed private and
is not an act that needs governmental monitoring and further that the law
violates the privacy guaranteed by a state constitution and because of this
citizens are provided more protection by the state versus the federal
constitution.
Based on Chapter 12 from the textbook, homosexuality encompasses
both specific kinds of sexual behaviors and a more general sexual orientation.
Examine the overall impact that homosexuality has on the United States’ definition
of a “nuclear family”. Next, give your opinion as to whether this changing
trend is permanent or simply a “phase.” Justify your response.
The overall impact of
homosexuality on the “nuclear family” of the United States is
questionable. As such the role
patterning is what is questioned when sexual roles are viewed as acceptance to
fit in societal roles.
In relation to a
sociological perspective and development of sexual identities it allows the
observing of how and why a choice may be made to accept a homosexual role. Also, in relation is psychological and social
psychological influences that help in development of sexual self-concept and
identity. Pertaining to the “nuclear
family” all interact to either stabilize or unstablize because differing
socializations affect a family’s strength or consistency in determining what
sexual identity will be accepted as well as any judgmental view that causes
internal and external stress in interactions and social adaption based on
rewarded behavior.
Although a differently
structured family the “nuclear family” is evolved to be inclusive that change
and revolutionize the concept of what a “nuclear family” used to be represented
as, e.g., male and female parents with children versus male and male parents
with children or female and female parents with children. As thus the new concept of acceptability is
changing gradually to accommodate the changes and evolving to render assistance
that any changes and affective role may bring forth. This changing trend is a permanency and not a
phrase because of the increase in marriages and selection of mates and adoption
of children.
Thank you.
Felicia
Response to co-student
Hello Alecia,
I agree that the case
is interesting because Hardwick was able to use the 9th Amendment to
support his right to privacy and that this right had been violated. Therefore, acts of a consenting nature that
were done privately in an owned, rented or leased structure are protected. As in all the states when this confrontation
occurred any act of sodomy was and is still considered against the law. But if the act is done privately does the act
if uncovered be chargeable or be charged as invasion and violation of privacy.
As far as the
possibility of homosexuality being an issue raising children the perception is
that unusual adjustment would be necessary with possible effects to interactive
abilities, psychologically and possible low esteem and self-concept. Also, I agree that the child’s well-being may
be affected detrimentally by causing a child to become anxious, withdrawn and
subsequently hamper the ability to see who they are and allow a safety net to
be used.
Further a child in
defense of presumptions may decidedly pick his sexual identity without
assistance and take up his or her sexual role.
Also, I feel that love is what raises a child not same sex parents or
differing sex parents.
Thank you.
Felicia
Response to co-student
Hello Demeda,
I agree that privacy
is an effective tool to fight infringement and vice versa halt an arrest. Further the unconstitutional law is still
evidently controversial because it has conflictions with the new allowance of
marriages of gay people who have the same rights as heterosexual couples in
privacy and public. The confliction is
what is considered obscene versus regular.
Consequently, it reveals a condescending treatment because the act of
sexual intercourse is inherently private and not an act of display so therefore
I agree that suspected peeping may have been done. Lastly, the conflictions that exist will have
to be addressed to bring a solution to this interesting query.
I agree that
homosexuality and the nuclear family have changed the entire concept with
allowance for differing structuralized families. As with all families there are patterns of
dysfunctionality interwoven. But
overall, the challenge is what defines the right and freedom to be and the
truth for the all to be challenged since all family structures act as nature
and nurture and consequently an anchor to stay strong and be together and
defend against all by being one. Someone
has to understand that love versus evil is the protector and strength of any
family unit.
Thank you.
Felicia
