ABSTRACT
Michael Hardwick had to be surprised when an Atlanta police officer entered his bedroom. The officer had apparently come to serve a warrant for a minor liquor offense, and a guest had let him into the apartment. Hardwick was arrested for being in violation of the Georgia code that criminalized sodomy. The state decided it would not prosecute the “offense.” However, Hardwick insisted on having his day in court, fearing future arrest. A heterosexual couple, named in the court proceedings as John and Mary Doe, joined the action. The Does were quickly dismissed because they lacked standing and were not directly harmed (Maurer 1987, 1014). Hardwick’s claim was also dismissed by the District Court, but he appealed to the Eleventh Circuit, which struck the law down as unconstitutional. The state appealed the decision to the Supreme Court.
