MORALITY AND THE LAW: BOWERS AND THE RIGHT TO PRIVACY

This article examines the right of privacy with emphasis on the Supreme Court’s ruling in the case of Bowers v. Hardwick, as this case illustrates issues that arise in the context of government interference with citizen’s actions and with the broader context of morality and the law. I argue specifically that the Supreme Court erred in its ruling on the Bowers case by failing to recognize that the moral value of autonomy in this case outweighs the right of a state to establish statutes based on the perceived moral attitudes of its constituencies. I argue generally that moral principles can inform decisions about the ordering of the right of privacy and the moral claims that aim to limit the right.