[irishjuggler]

See the 4th Amendment of the U.S. Constitution:
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

If the 4th amendment guaranteed a right to sodomy, why were 18th and 19th century sodomy laws never challenged on that basis? Why did it take 200 years for anyone to figure out that the 4th amendment has the meaning that you claim?

[supercat]

If the 4th amendment guaranteed a right to sodomy, why were 18th and 19th century sodomy laws never challenged on that basis? Why did it take 200 years for anyone to figure out that the 4th amendment has the meaning that you claim?

In what ways were the laws enforced? If two people were discrete about their relations but someone telegraphed in an anonymous tip, would the police break down their door to try to catch them? Or were the laws enforced only against people who flaunted their homosexuality?

My expectation would be that the latter would more likely be the case, and the latter is the type of enforcement I would like to see.