re enumerated in the Constitution. Justice Douglas wrote in that case that "Specific guarantees of the Bill of rights have penumbras, formed by
emanations from those guarantees that give them life and
substance" (Mason and Stephenson 442). Privacy was raised again in Hardwick v. Bowers, a case in which a Georgia statute against homosexual conduct had been invoked. This law dated from 1816 and defined the crime of sodomy. There were many laws early in American history against "the detestable and abominable crime against nature," as sodomy was defined in common law. All the original 13 states considered sodomy a criminal offense when the Bill of Rights was added to the Constitution in 1791. In the late 1950s, the American Law Institute urged state legislatures to adopt a Model Penal Code which would decriminalize adult, consensual, private sexual conduct, and Illinois was the first to do so in 1961. Many states refused to change, and in the Georgia case the judge cited Virginia's Doe v. Commonwealth's Attorney to deny that homosexuals shared the right
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