The officer was coming to arrest him because he did not pay off his violation ticket. Hardwire was then charged for criminality sodomy’s due to a Georgia statute. The federal district court dismissed the case because Hardwire failed to make a valid claim against the constitutionality. Nee appealed, the Court of Appeals reversed and remanded the court’s decision, saying the statute was unconstitutional.
The Attorney General of Georgia appealed to the Supreme Court and was granted certiorari. Georgia Code-6-2, provided a 1 to 20 year mandatory sentence for adults consenting and committing any sexual act including the sex organ of one person and the mouth or anus of another. The aspect of the Constitution being examined is the fourteenth amendment, which is the privacy and due process clause. Does the Constitution offer a right to privacy to allow homosexuals to engage in sexual sodomy’s, which in turns makes the laws of many states against sodomy’s invalid?