[jwalsh07]

No, it didn't. Kennedy was explicitly responding to Chief Justice Burger's use of the Theodosian & Justinian Code - amongst other such ridiculous inanities - in the Bowers v Hardwick ruling. If Burger had not cited European precedents in that ruling, Kennedy would not have needed to cite them in response to Burger...

Bowers was decided 5 years after the Europeans had already set a precedent involving homosexuals.

Burger cited no cases of specific laws of European legal precedent in his opinion, it was an historical perspective.

Kennedy and the dwarfs, on the other hand, cited multiple cases of European precedent in the last 30 years. So they, in part, justified their ruling on the current mores of socialist nations in usurping the tenth amendment rights of Texans.

Bodes well for gun control, socialised medicine and three month's on holiday on your dime.

[AntiGuv]

Bowers was decided 5 years after the Europeans had already set a precedent involving homosexuals.

The context is not dependent on the chronology.

Burger cited no cases of specific laws of European legal precedent in his opinion, it was an historical perspective.

Agreed. Kennedy cited no cases of specific laws of European legal precedent in his opinion, it was an historical perspective [in response to an historical perspective].