Privacy Rights of Individuals
The Privacy Rights of Individuals
Privacy can be defined in many ways, depending on one’s perspective, including the right to be left alone, free from intrusion or disturbance in one’s private life. Although everyone agrees that this is an important right that should be protected by governmental laws, the extent of one’s right to privacy has often been a matter of debate in the court system of the United States. There is vast disagreement concerning how far the government should go to protect an individual’s right to privacy. The United States is a large melting pot of cultures, races and ideas, which often lead to a differing of opinions in term of what should be the norm due to ethical and moral difference between individuals. This paper will present court cases that deal with the privacy rights of individuals as they relate to the areas of homosexuality, drug testing, birth control and the right to die. An individual’s right to sexual privacy, including homosexuality, is an issue that has been brought before the courts repeatedly. Bowers v. Hardwick is a landmark case fought in 1986 that tested the boundaries of sexual rights. Hardwick was charged with committing consensual sodomy in the privacy of his bedroom with another adult male. He had violated the Georgia statute that criminalized sodomy. Hardwick brought a suit in Federal District Court challenging the constitutionality of a law that criminalized a sexual act between consenting adults. The court held that the United States Constitution does not grant the fundamental right to homosexuals to commit sodomy, even in the privacy of their homes. They concluded that the Georgia statute was, in fact, constitutional. This decision was later reversed by the Eleventh Circuit Court of Appeals stating that Hardwick’s homosexual practices were private and beyond the jurisdiction of the state. The Georgia statute was, therefore, unconstitutional and violated the fundamental rights granted by the Ninth
Privacy can be defined in many ways, depending on one’s perspective, including the right to be left alone, free from intrusion or disturbance in one’s private life. Although everyone agrees that this is an important right that should be protected by governmental laws, the extent of one’s right to privacy has often been a matter of debate in the court system of the United States. There is vast disagreement concerning how far the government should go to protect an individual’s right to privacy. The United States is a large melting pot of cultures, races and ideas, which often lead to a differing of opinions in term of what should be the norm due to ethical and moral difference between individuals. This paper will present court cases that deal with the privacy rights of individuals as they relate to the areas of homosexuality, drug testing, birth control and the right to die. An individual’s right to sexual privacy, including homosexuality, is an issue that has been brought before the courts repeatedly. Bowers v. Hardwick is a landmark case fought in 1986 that tested the boundaries of sexual rights. Hardwick was charged with committing consensual sodomy in the privacy of his bedroom with another adult male. He had violated the Georgia statute that criminalized sodomy. Hardwick brought a suit in Federal District Court challenging the constitutionality of a law that criminalized a sexual act between consenting adults. The court held that the United States Constitution does not grant the fundamental right to homosexuals to commit sodomy, even in the privacy of their homes. They concluded that the Georgia statute was, in fact, constitutional. This decision was later reversed by the Eleventh Circuit Court of Appeals stating that Hardwick’s homosexual practices were private and beyond the jurisdiction of the state. The Georgia statute was, therefore, unconstitutional and violated the fundamental rights granted by the Ninth
References: Baird, B. (1997). The people versus Bill Baird: struggling for your rights to privacy. Humanist, 57(2), 39-40. Biscupic, J. (March, 2002). Drug-testing case generates sparks. USA Today, pp. 2a. (EBSCO Document Reproduction Services No Powell, J., &Cohen, A. (1994). The right to die. Issues in Law and Medicine, 10(2), 169-183. Supreme Court Collection. Boy Scouts of America v. Dale. [On-line] available at http://www.megalaw.com (April 18, 2002). Van Biema, D., & Lafferty, E. (1997, January). Is there a right to die? Time Canada, 149 (2), 42-44.