Normally, we don't need to worry much about a dumb decision by the Ninth Circus Court of Appeals. It is the most reversed Court of Appeals in the known universe. However, in this case, the Ninth is relying on a prior (5-4) decision in the US Supreme Court.
The sodomy decision from the US Supreme Court is coming back to haunt the whole American judiciary, exactly as Justice Scalia then predicted in his sharp dissent.