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There are a number of cases where the courts have made up rights like this and denied obvious rights in others.

Example of right constructed: The proscription of creating a law preventing sodomy on the basis that it violates the civil rights of homosexuals. This *assumes* that homosexuality is an inherent trait which holds the same status as gender, race, etc.

Example of right denied: The decision that a woman can kill her unborn child. Denies the right to life. The court lept to this reasoning on the basis that they ignored scientific evidence with regard to when life begins, and instead chose to define it based upon their own construction.

As Justice Scalia noted, the SCOTUS sodomy decision marked a signal, decisive battle the culture wars. In the wake of that decision, legalized bestiality, incest, and even pedophilia are logical consequences over time. Pedophilia will likely be the last sexual proscription to fall, but there is no logical impediment to that happening. If sodomy cannot be proscribed, no sexual behavior can be logically proscribed. The "right of privacy" is that ham-fisted and inclusive.

And don't let anyone say such decisions are not legislating morality. They are legislating liberal morality, the most destructive and costly strain of all.

Example of right constructed: The proscription of creating a law preventing sodomy on the basis that it violates the civil rights of homosexuals.

I recognize that the Supreme Court doesn't generally offer petitioners advice on what to petition, but IMHO what they should have done was dismiss Lawrence without prejudice, with a note saying that the petitioner should appeal on the basis that enforcement of the sodomy law in the extant case may have constituted capricious enforcement insofar as the cop had no warrant or other legitimate basis for entering the dwelling uninvited. The Supreme Court could have then remanded the case to a jury, with instructions to acquit the defendants unless it found that they were responsible for the cop's having entered their dwelling. [nb: I've read suspicions that these people called the cops themselves; I have no idea whether they did or not, but if phone records had shown that they had done so and this were brought out at trial, many people would be glad of these guy's prosecution]