This section contains the nature of the case and procedural background.

Hardwick (P), a gay man, was charged with violating a state law criminalizing sodomy by committing sodomy with another adult male in P's bedroom. After a preliminary hearing, the District Attorney decided not to pursue the case. P sued anyway, challenging the constitutionality of the statute as applied to consensual sodomy. P claimed that he was a future danger of arrest for violating the statute. The district court dismissed the suit, but the court of appeals reversed, holding that the statute violated P's fundamental rights because the homosexual activity was a private and intimate association beyond the reach of state regulation. D appealed, and the Supreme Court granted certiorari.

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