| Powell v. State of Georgia | |
|---|---|
 | |
| Court | Supreme Court of Georgia |
| Full case name | Powell v. The State. |
| Decided | November 23, 1998 |
| Citations | 510 S.E.2d 18; 270 Ga. 327 |
| Court membership | |
| Judges sitting | Robert Benham, Norman S. Fletcher, Carol W. Hunstein, Leah Ward Sears, George H. Carley, Hugh P. Thompson, P. Harris Hines |
| Case opinions | |
| Majority | Benham, joined by Fletcher, Hunstein, Sears, Thompson, Hines |
| Concurrence | Sears |
| Dissent | Carley |
| Keywords | |
Powell v. State of Georgia, S98A0755, 270 Ga. 327, 510 S.E. 2d 18 (1998), was a decision of the Supreme Court of Georgia in the U.S. state of Georgia that overturned its law against sodomy within the state. The Court ruled that the Georgia Constitution granted a right to privacy, and that outlawing oral or anal sex between consenting adults was a violation of the state constitution, thus deeming it "unconstitutional".[1][2]
While the plaintiff in Powell had been engaged in heterosexual sex, the overturning of the anti sodomy law also decriminalized same-sex sexual activity within the state of Georgia.
- ^ Powell v. State, 510 S.E.2d 18 (Georgia Supreme Court 1998-11-23).
- ^ Gregory K. Smith, Powell v. State: The Demise of Georgia's Consensual Sodomy Statute, 51 Mercer Law Review 987 (2000).