[lentulusgracchus]

Re your insistence that the states didn't have such a law, see in the Scalia dissent posted above:

Noting that "[p]roscriptions against that conduct have ancient roots," id., at 192, that "[s]odomy was a criminal offense at common law and was forbidden by the laws of the original 13 States when they ratified the Bill of Rights," ibid., and that many States had retained their bans on sodomy, id., at 193, Bowers concluded that a right to engage in homo-sexual sodomy was not "‘deeply rooted in this Nation’s history and tradition,’" id., at 192.

I think Scalia contradicted you. Emphasis supplied.

[Luis Gonzalez]

That's a law bannig all sodomy, not same-sex sodomy. The Texas law banned same-sex sodomy.

That was the point I was trying to make.