SunDogg is interpreting Bowers v. Hardwick as the majority interpreted it. But it's not necessary to rely on a "right to sodomy" that may or may not exist in the Constitution. That's the specious argument that was made by Justice White. I don't know how may other Justices joined him in that.
Justice Blackmun said that the State of Georgia has no right to be in people's bedroom, period. The rest of the stuff has nothing to do with it. Unless, of course, the unspeakable crime against nature puts homosexuals in a special category ... which SunDogg apparently concurs with.
A state court cannot overrule the United States Supreme Court. All they can do is moot one of their own laws, but that leaves in place the precedent not just for the other 49 states but for that state as well. Legislatures can change their mind, depending on the politics of the day.
I would like to see the law changed so that gays are not second class citizens in the eyese of the Supreme Court. The unspeakable acts I commit in the privacy of my bedroom are my business, not yours. And certainly not the government's. As Justice Blackmun remarked, every citizen's primary right is the right to be left alone.
I am not in any special category, and don't wish to be in one. There is nothing "romantic" or "iconoclastic" about that.
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