"State laws against bigamy, same-sex marriage, adult incest, prostitution, masturbation, adultery, fornication, bestiality, and obscenity are likewise sustainable only in light of Bowers’ validation of laws based on moral choices. Every single one of these laws is called into question by today’s decision; the Court makes no effort to cabin the scope of its decision to exclude them from its holding. See ante, at 11 (noting "an emerging awareness that liberty gives substantial protection to adult persons in deciding how to conduct their private lives in matters pertaining to sex" (emphasis added)). The impossibility of distinguish-ing homosexuality from other traditional "morals" offenses is precisely why Bowers rejected the rational-basis chal-lenge. "The law," it said, "is constantly based on notions of morality, and if all laws representing essentially moral choices are to be invalidated under the Due Process Clause, the courts will be very busy indeed."
What a massive disruption of the current social order, therefore, the overruling of Bowers entails.
I turn now to the ground on which the Court squarely rests its holding: the contention that there is no rational basis for the law here under attack. This proposition is so out of accord with our jurisprudence—indeed, with the jurisprudence of any society we know—that it requires little discussion.
The Texas statute undeniably seeks to further the belief of its citizens that certain forms of sexual behavior are "immoral and unacceptable," Bowers, supra, at 196—the same interest furthered by criminal laws against fornica-tion, bigamy, adultery, adult incest, bestiality, and ob-scenity.
Bowers held that this was a legitimate state interest. The Court today reaches the opposite conclusion. .. The Court embraces instead JUSTICE STEVENS’ declaration in his Bowers dissent, that "the fact that the governing majority in a State has traditionally viewed a particular practice as immoral is not a sufficient reason for upholding a law prohibiting the practice," ante, at 17. This effectively decrees the end of all morals legislation. If, as the Court asserts, the promotion of majoritarian sexual morality is not even a legitimate state interest, none of the above-mentioned laws can survive rational-basis review.
I simply do not agree with Scalia's apolcalypticism. Interesting that he's the only one who voiced these dire concerns; even Clarence Thomas qualified his agreement with Scalia's dissent.
The Court decides what is in front of it, nothing more.
If a case to overturn bestiality comes before it, I'd lay a considerable sum that it wouldn't even be accepted.