Powell v. Georgia
Encyclopedia
Powell v. State of Georgia, S98A0755, 270 Ga. 327, 510 S.E. 2d 18
(1998) was a decision of the Supreme Court of Georgia. Powell was charged with a complaint in which he had performed non-consensual oral sex upon a 17-year-old female in his house. The jury acquitted him of the non-consensual portion of the complaint, but convicted him of consensual sodomy. In its appeal, the defense argued the statute was unconstitutional; the state argued that a conviction such as this was explicitly upheld by the U.S. Supreme Court in the case of Bowers v. Hardwick
, 478 U.S. 186
(1986).
The decision in Powell goes against the argument in Bowers (1986) when they determined that the state cannot hold charges against a man who had performed consensual cunnilingus with his compliant. That "While many believe that acts of sodomy, even those involving consenting adults, are morally reprehensible, this repugnance alone does not create a compelling justification for state regulation of the activity."
The court held that the statute was in violation of the State Constitution's protections of the right to privacy and was struck down. Under the State of Georgia's Constitution's
privacy provisions the court found the statute unconstitutional, stating that the protections of the individual's right to privacy in the State Constitution are stronger and more broad than those of the Federal Constitution's protections under the Fourth Amendment.
Powell's conviction was overturned.
Though this case involved heterosexual activity, overturning the state's sodomy law
had the effect of overturning state law against homosexual
sexual activity. Sodomy laws would not be overturned nationwide until five years later, in Lawrence v. Texas
(2003).
Case citation
Case citation is the system used in many countries to identify the decisions in past court cases, either in special series of books called reporters or law reports, or in a 'neutral' form which will identify a decision wherever it was reported...
(1998) was a decision of the Supreme Court of Georgia. Powell was charged with a complaint in which he had performed non-consensual oral sex upon a 17-year-old female in his house. The jury acquitted him of the non-consensual portion of the complaint, but convicted him of consensual sodomy. In its appeal, the defense argued the statute was unconstitutional; the state argued that a conviction such as this was explicitly upheld by the U.S. Supreme Court in the case of Bowers v. Hardwick
Bowers v. Hardwick
Bowers v. Hardwick, , is a United States Supreme Court decision that upheld, in a 5-4 ruling, the constitutionality of a Georgia sodomy law criminalizing oral and anal sex in private between consenting adults when applied to homosexuals. Seventeen years after Bowers v. Hardwick, the Supreme Court...
, 478 U.S. 186
Case citation
Case citation is the system used in many countries to identify the decisions in past court cases, either in special series of books called reporters or law reports, or in a 'neutral' form which will identify a decision wherever it was reported...
(1986).
The decision in Powell goes against the argument in Bowers (1986) when they determined that the state cannot hold charges against a man who had performed consensual cunnilingus with his compliant. That "While many believe that acts of sodomy, even those involving consenting adults, are morally reprehensible, this repugnance alone does not create a compelling justification for state regulation of the activity."
The court held that the statute was in violation of the State Constitution's protections of the right to privacy and was struck down. Under the State of Georgia's Constitution's
Georgia (U.S. state) Constitution
The Constitution of the State of Georgia is the governing document of the U.S. state of Georgia. The constitution outlines the three branches of government in Georgia. The legislative branch is embodied in the bicameral General Assembly. The executive branch is headed by the Governor. The judicial...
privacy provisions the court found the statute unconstitutional, stating that the protections of the individual's right to privacy in the State Constitution are stronger and more broad than those of the Federal Constitution's protections under the Fourth Amendment.
Powell's conviction was overturned.
Though this case involved heterosexual activity, overturning the state's sodomy law
Sodomy law
A sodomy law is a law that defines certain sexual acts as crimes. The precise sexual acts meant by the term sodomy are rarely spelled out in the law, but are typically understood by courts to include any sexual act deemed unnatural. It also has a range of similar euphemisms...
had the effect of overturning state law against homosexual
Homosexuality
Homosexuality is romantic or sexual attraction or behavior between members of the same sex or gender. As a sexual orientation, homosexuality refers to "an enduring pattern of or disposition to experience sexual, affectional, or romantic attractions" primarily or exclusively to people of the same...
sexual activity. Sodomy laws would not be overturned nationwide until five years later, in Lawrence v. Texas
Lawrence v. Texas
Lawrence v. Texas, 539 U.S. 558 , is a landmark United States Supreme Court case. In the 6-3 ruling, the Court struck down the sodomy law in Texas and, by proxy, invalidated sodomy laws in the thirteen other states where they remained in existence, thereby making same-sex sexual activity legal in...
(2003).