In Powell v. State, the Supreme Court of Georgia held that section 16-6-2 of the Official Code of Georgia Annotated ("O.C.G.A."), which criminalizes sodomy, violates the right to privacy guaranteed by the Georgia Constitution. The court found that the right to engage in private, unforced, consensual, noncommercial sexual acts is included within the meaning of the Due Process Clause of the Georgia Constitution.
Smith, Gregory K.
"Powell v. State: The Demise of Georgia's Consensual Sodomy Statute,"
Mercer Law Review: Vol. 51:
3, Article 11.
Available at: https://digitalcommons.law.mercer.edu/jour_mlr/vol51/iss3/11