If only Saletan tried to think about the division of powers, he would find his answer. He wants to find a judicial answer to the problem of the existence of laws to which he objects (sodomy laws), when the Constitutional answer is that the answer is to have them removed through the political process, through legislation, if the public has decided that the prudent dictums of learned knowledge over time has shown that the laws should be changed.
That is where the remedy is found, if there is an ill here. Not in the courts.