[cherrycapital]

I would say it is a violation of the right to privacy, which, unlike the Burger and Rehnquist courts, I would locate in the 9th Amendment doctrine of unenumerated rights rather than the shaky "substantive due process" doctrine.

[aristeides]

That's what you would say. In its order yesterday, the Supreme Court pointed to Lawrence as the reason.

[Hat-Trick]

What about the 4th Amendment. Do we not find a right to privacy somewhere in here:

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

Hat-Trick