Powell v. State
| Powell v. State of Georgia | |
|---|---|
LGBT rights |
Powell v. State of Georgia,
While the plaintiff in Powell had been engaged in heterosexual sex, the overturning of the anti sodomy law also decriminalized same-sex sexual activity within the state of Georgia.
Background
Anthony Powell was charged with a complaint in which he had performed non-consensual oral sex upon his wife's 17-year-old niece in his house. The jury
In its appeal, the defense argued the statute was unconstitutional; the state argued that a conviction such as this was explicitly upheld by the
In Bowers, the Attorney General of Georgia had conceded that the sodomy law could not be applied to married heterosexuals, given the U.S. Supreme Court's ruling in Griswold v. Connecticut. Justice John Paul Stevens had observed in his Bowers dissent that Eisenstadt v. Baird had extended Griswold to unmarried heterosexuals, so the sodomy law should not apply to unmarried homosexuals either.
Decision of the court
The Georgia Supreme Court struck down the sodomy statute by a vote of 6–1. The Court found that the individual's right to privacy in the Georgia Constitution are stronger and broader than those in the U.S. Constitution's
Powell's conviction was overturned.
Impact
Although this case involved
See also
- Sex-related court cases
- LGBT rights in Georgia
References
- ^ a b Powell v. State, 510 S.E.2d 18 (Georgia Supreme Court 1998-11-23).
- ^ a b Gregory K. Smith, Powell v. State: The Demise of Georgia's Consensual Sodomy Statute, 51 Mercer Law Review 987 (2000).
External links
- Text of Powell v. State, S98A0755, 270 Ga. 327, 510 S.E. 2d 18 is available from: Findlaw Google Scholar Justia
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