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The American Civil Liberties Union (ACLU) had been searching for a “perfect test case” to challenge anti-sodomy laws, and Hardwick’s cause presented the one they were looking for.

They approached Hardwick, who agreed to be represented by ACLU attorneys.

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The Court issued a 5-4 ruling upholding the sodomy laws. Justice Harry Blackmun wrote a dissent joined by William J.

Justice Byron White wrote the majority opinion and was joined by Justices William Rehnquist, Sandra Day O'Connor, Warren E. Brennan, Jr., Thurgood Marshall, and John Paul Stevens. Connecticut the Court had held that a right to privacy was implicit in the Due Process Clause of the Fourteenth Amendment to the United States Constitution.

Justice Stevens also wrote a dissent joined by Justices Brennan and Marshall. In Bowers, the Court held that this right did not extend to private, consensual sexual conduct, at least insofar as it involved homosexual sex.