[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].

[jwalsh07]

The European Court of Human Rights has followed not Bowers but its own decision in Dudgeon v. United Kingdom. See P. G. & J. H. v. United Kingdom, App. No. 00044787/98, ¶ ;56 (Eur. Ct. H. R., Sept. 25, 2001); Modinos v. Cyprus, 259 Eur. Ct. H. R. (1993); Norris v. Ireland, 142 Eur. Ct. H. R. (1988).

Certainly he did unless the United Kingdom, Cyprus and Ireland are the 51, 52 and 53 states.

He also cited Mary Robinsons amicus brief. Did Burger?