I join JUSTICE SCALIA's dissenting opinion. I write separately to note that the law before the Court today "is ... uncommonly silly". If I were a member of the Texas Legislature, I would vote to repeal it. Punishing someone for expressing his sexual preference through noncommercial consensual conduct with another adult does not appear to be a worthy way to expend valuable law enforcement resources.Notwithstanding this, I recognize that as a member of this Court I am not empowered to help petitioners and others similarly situated. My duty, rather, is to decide cases‚ agreeably to the Constitution and laws of the United States. And, just like Justice Stewart, I can find [neither in the Bill of Rights nor any other part of the Constitution a] general right of privacy, or as the Court terms it today, "the liberty of the person both in its spatial and more transcendent dimensions."
I join JUSTICE SCALIA's dissenting opinion. I write separately to note that the law before the Court today "is ... uncommonly silly". If I were a member of the Texas Legislature, I would vote to repeal it. Punishing someone for expressing his sexual preference through noncommercial consensual conduct with another adult does not appear to be a worthy way to expend valuable law enforcement resources.
I am impressed! He basically agrees with me, and probably not with many (most?) freepers in that he would never have such a law in the first place. However, he cannot find a "right to privacy" in the constitution, so he feels he must dissent... I respect this guy more and more. I know many liberals accuse him of just being Scalia's house-n*gger..