Constitutionally, his argument is sound. The determination about the sodomy law is, properly speaking, not for the federal government to make or to impose. As with abortion, it is one that is properly determined in the legislatures and courts of the respective states. That typically means that some states will decide one way and some the other. To date, Texas' legislature has stood by the existing law and its courts have upheld it. That is not so in some other states, as is their respective right to determine. But by ruling as the court did in this case, they assumed the power of determining that particular policy into the federal government. For that reason, if nothing else, the ruling is an atrocity.
Man, this guy loves the State.
For opposing the assumption of another power by the federal government? Your reasoning is bizarre.