Here's my position.
If I had a vote I would vote to ban all unenforceable laws including the Texas sodomy law.
If I had a vote I would vote to impeach any judge who divined rights in an effort to change policy. I would start with Kennedy. His decision, in part, based not on Scottish law but on European morality is sickening.
But hang in there, when he finds a transcendental liberty that guarantees socialised medicine and freedom from guns, a la the French and their European socialist comrades, I'll expect you to defend judicial activism to the bitter end in an effort to be consistent.