Justice Anthony Kennedy reviewed the Supreme Court’s assumption made in the case, Bowers v. Hardwick, using the concurring opinion of Chief Justice Burger, that condemning homosexuality is deeply rooted in the ethical and moral standards of the Judeo-Christian. Kennedy reviewed the trends of laws that illegalized certain sexual activities, without consideration of gender of individuals involved. Kennedy cited recommendations of the Model Penal Code since 1955, the European Court of Human Rights 1981 decision, and the 1963 Wolfenden Report (Lithwick 121). Kennedy agreed with the dissenting views of Justice Stevens as illustrated in the Bowers v. Hardwick. He illustrated that the decision in the case should not be a binding precedent in the current cases. and that the case should be overruled.
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