Hate to interupt such a great (not) rant, but did you even bother to read the article? It was a state judge, using the state constitution. No federal courts involved.
Yes, I made an error, it WAS a State Judge using a Federal Court precedent to overturn the North Carolina State Statute.
The Federal Court decision concerned an anti-sodomy law.
In both cases, the courts were, in my opnion, wrong.
Any civilzed society has a right to ban behavior it deems offensive. The rights of the individaul have to be balance against the rights of society, but total disregard for society rights in favor of the rights of the individual results in an anarchistic society.
There are good solid moral reasons why fornication and sodomy have not been tolerated in the past and I see no reason - other than to please the ACLU, a handful of pernicious perverts, and a growing minority of irresponsible adults, to change them.