After reviewing prior cases and accepting the decisions in those cases, Justice White thought none of the rights announced in the previous cases bears any relevance or relation to Hardwick's claim that it is a constitutional right of homosexuals to engage in acts of sodomy. Due to sodomy being a criminal offense at common law and was forbidden by the laws of the first 13 states when they approved the Bill of Rights, Justice White found it impossible to grant a fundamental right to homosexuals to engage in acts of consensual sodomy...
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Due to sodomy being a criminal offense at common law and was forbidden by the laws of the first 13 states when they approved the Bill of Rights, Justice White found it impossible to grant a fundamental right to homosexuals to engage in acts of consensual sodomy. Hardwick relied on Stanley v. Georgia to affirm that the result should be different where homosexual conduct occurs in the privacy of the home...
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